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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Contact arrangements with my child, who lives with her

Customer Question

Contact arrangements with my child, who lives with her mother, are governed by a court order dated 19 October 2015 and after a breach in January 2016, followed by a referral back to court in February 2016, they have worked well For 2017, the mother is proposing changes to reduce the contacts..
I could of course again ask for an Enforcement Order (Form C79). However, can one use this if the order has not yet been broken ? I.e it will not be broken until the mother does not produce the child at the right date next year.
Do I have to use C79? Can I not just write to the judge saying the order will not be complied with, and leave it to the court to pursue matters?
Peter Clinton
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. You are correct in that you cannot apply to enforce the order unless there has been a breach of the order. If the mother seeks to change the arrangements detailed in the order she will need to apply formally to court to vary the order. If she breaches it you must pursue a formal application and a letter to court will not be sufficient.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Expert:  Clare replied 1 year ago.

My name is ***** ***** I have been a solicitor for more than 35 years.

If you are aware that your ex does not intend to stick to the order then the way forward is to apply to the court for a Specific Issue Order regarding the half term holiday.

I appreciate that this looks like a superfluous applictaion but it does mean that the issue can be discussed in advance and your ex can be made to understand the risks she is running in trying to decrease contact in this way.

However if the issue is that she wishes to take the children away next February then only make the application if she is also refusing to replace the days at another time.

I hope that this is of assistance - please ask if you need further details

Expert:  Harris replied 1 year ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.