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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 1896
Experience:  Dual qualified Solicitor and Attorney
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My ex wife breaks court order, doesn't bring my son for a

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Hello, my ex wife breaks court order, doesn't bring my son for a meeting, what i can do?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: The meeting should be done today, so i didn't do anything yet
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: It is Family Court Wakefield
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No, i want to know what i can do about it

Hi thank you for your message, do you have a child arrangement order ie a court order saying who has contact with your child and when? Also, when did you obtain this order i.e. before or after 2008?

Customer: replied 7 days ago.
It is 7

Hi thank you for attaching that so I can confirm this is a child arrangement order and therefore can be enforced if breached as here. To do this you will need to fill in court form C79 available here: https://www.gov.uk/government/publications/form-c79-application-related-to-enforcement-of-a-child-arrangement-order

You can use the guidance here if you need help with this: https://www.gov.uk/government/publications/enforcing-a-child-arrangements-order-cb5

Send it to the court nearest to you that deals with cases involving children, you can find one here: https://courttribunalfinder.service.gov.uk/search/. It costs £215.

The court will look at the facts again to see if anything has changed. If the court enforces the order, then

depending on your situation and what you’ve asked the court to decide they might make:

an ‘enforcement order’ - this means your ex-partner has to do between 40 and 200 hours of unpaid work
an ‘order for compensation for financial loss’ - this means your ex-partner has to pay back any money you’ve lost because they did not follow the order (for example if you missed a holiday)
You can go back to the court if your ex-partner still does not do as the court ordered.

I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Customer: replied 7 days ago.
is it change anything if my ex "playing", i mean yesterday 13:11 i receive txt about meeting that will be at 08:00, then another txt 22:46 with change time for 08:30, and finally last one today 07:25 that meeting will do 08:00. i haven't any chance to do it, and they didn't wait for me

Hi thank you for your message, your best option is to go to court in the manner described above and then you can show the court these texts or your solicitor can do so and it can be explained to the court that your ex is not taking the order seriously, it can then be impressed on her to do so otherwise the order may be changed in your favour or she might be ordered to do unpaid work. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Jeremy Aldermartin and 3 other Law Specialists are ready to help you
Customer: replied 7 days ago.
how much it will cost me if ill ask you to fill c79 form for me

Hi thank you for your message, I am sorry but I cannot take instructions through this service which would include filling in the form. That said, if you use the law society find a solicitor service here: : https://solicitors.lawsociety.org.uk. You can search by town or postcode and area of law in this case family law to find a solicitor near you who can do this. That said I can advise you how to fill in the order which I will do below please be patient as I type this as it will take a little time.

Customer: replied 7 days ago.
ok thank you

So the first box in the top right you can ignore as that is for the court and can be left blank.

The box immediately below that starting HWF you can leave blank also.

In box 1 you need to fill in the details of the current order so this was made at Wakefield so that is the first box there, the court case number is LS17PO1232. The date of the order is 18/10/2019. The next box is to say who made the initial application i.e. was this you or your ex wife who made the initial application for a child arrangement order. If it was you then your name would go there if your ex then her name. Then the name of the children namely Jakub and Igor but you will need to put their full names including middle names.

Box 2 - tick an enforcement order the first option in the left hand column

Box 3 - This is all about you and your personal details, when it gets to do you have a solicitor acting for you, you do not currently so can put no there and most of the remainder of that box can then be left blank. Applicant 2 is not applicable either.

Box 4 - Box 4 is the children's details and your relationship is father. You would be applicant 1 and applicant 2 can be left blank.

Box 5 - Respondents details ie. your ex wife's details. Her relationship would be mother. When you get to her solicitors section you can put don't know and leave the rest blank. There is no respondent 2 so that can be left blank also.

Box 6 - This can be left blank

Box 7 - 7a - explain that your wife has breached point 7 of the attached child arrangement order and you wish this to be enforced. Then make a copy of the order and send this with the form. 7b and the rest of 7 can be left blank.

Box 8 tick the box no as in no ongoing court cases and go on to box 9.

Box 9 - this is where you sign and date the form to say what you have said in the form is true and accurate so make sure that is the case.

 

Box 4 -