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SASH_Law
SASH_Law, Lawyer
Category: Law
Satisfied Customers: 1060
Experience:  LLB (Hons)
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My ex has broken a Prohibited Steps order by taking the

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Hi My ex has broken a Prohibited Steps order by taking the chidlren from the house without consent of court she has also taken them out of the country without my consent or consent of court previous to this I have evidence I want to know what form to use to report this to court, so she will have to explain her contempt
JA: What steps has your ex taken? Has she filed any papers in family court?
Customer: I thought it was a C100 but its not
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does your ex live in?
Customer: I know everything. The only question is, what form do I use to apply to court for this to be heard?
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

Hi, I'm Lea and I have reviewed your query.

 

Are there any court orders in place already?

 

When was the PSO granted? If you have a copy can you upload it using the paperclip please.

 

Please bear in mind this is an email service and not a live chat so responses may not be instantaneous. I am not available for calls, but in all cases it is very likely you can be helped online.

 

As it is now 10 pm, I may pick up on your response tomorrow.

Customer: replied 15 days ago.
The PSO was granted on 6th Feb 2019. I don't want to go into the details. I just want to know how I notify the court that the order was broken, and, that she also took the kids out of the country committing a criminal offence. I need to notify about both. I'm happy to get the response tomorrow

Are there ongoing proceedings?

Customer: replied 14 days ago.
No. I want to start proceedings

Unfortunately it is a bit more complicated than just filling in an application form - you have to follow the practice directions, which are here: https://www.justice.gov.uk/courts/procedure-rules/family/parts/part-37-applications-and-proceedings-in-relation-to-contempt-of-court#para37.4 and here: https://www.justice.gov.uk/courts/procedure-rules/family/practice_directions/practice-direction-37a-applications-and-proceedings-in-relation-to-contempt-of-court and here: https://www.justice.gov.uk/courts/procedure-rules/family/parts/part_18

 

The order you are trying to enforce must contain relevant wording, otherwise it may not be enforceable.

 

I would suggest you start your application using form C1, which is the standard application form for Children Act proceedings. You can find it here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/687733/c1-eng.pdf

 

I would strongly suggest that you take face to face legal advice prior to making an application so that you ensure the order is compliant.

 

Please accept and rate positively using the five stars at the top of your screen as that is how I am paid for assisting you today. You will still be able to ask clarification questions.

Customer: replied 14 days ago.
You can either just tell me the form to fill out - family law, or I will rate you poor for not doing so and trying to milk me.

Hmm, I did do just that. Was anything unclear?

Did that answer your query?

Can I please ask you to rate positively so that I am paid for the time I spent assisting you today. This does not cost you any more than you already paid to JA, but it does ensure that I am paid for my time. Thank you.

Customer: replied 14 days ago.
There would be a form to complete like a c100 for example. I need to know the form number

I provided that in my response.

Customer: replied 14 days ago.
Ah ok. I didn’t see that. I can’t believe that reporting breaches is so opaque

I know, it's a horrible process - as many things are in relation to court, but the procedures have to be followed or you could find your case thrown out on a technicality, which is why I would urge you to see a solicitor if at all possible.

Customer: replied 14 days ago.
I think I might apply for her to go to prison. I won’t get it but she should get community service. What a bonkers system. Can’t even report a breach of court order easily

Yes, it is contempt of court - but before any decisions are made the breach has to be proved and then the court will order a probation report before deciding what punishment to offer.

 

 

Customer: replied 14 days ago.
It seems that the prison application is my only way of getting it addressed. I also believe I’ve got 3 months to lodge it.
Customer: replied 14 days ago.
Proof is easy.

Breaches are best reported as soon as you can - leaving it for a period of time gives the person who breached an opportunity to say 'they knew but didn't care and that is why it took them so long to act'. You need to act as quickly as you can if you want the court to take the application seriously.

 

Please accept and rate positively. Thank you.

SASH_Law and 4 other Law Specialists are ready to help you
Customer: replied 14 days ago.
Ok

Thank you.

 

I hope it goes well for you.

 

All the best.