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Hi thank you for your message, the only real recourse is to try to enforce the original order I take it there is currently a child arrangement order in place?
Hi thank you for your message, so when the matter goes back to court the court will consider if there has been a change of circumstances and part of this could involve getting the view of your son in law but that is not the only factor maintenance of contact with both parents is very important especially when the child is still relatively young at only 11 years old. Furthermore, the court might ask your son in law relevant questions like why is he suddenly saying he does not want contact with your partner when recently he went away with him and expressed the view that he enjoyed it. The alternative in any event is you do not seek to enforce it and then your partner and yourself do not see him anyway at least this way there is a good chance that could change. If you did want to go down this route you will need to
You will need to fill in this form: https://www.gov.uk/government/publications/form-c79-application-related-to-enforcement-of-a-child-arrangement-order
read the guidance here to assist you: https://www.gov.uk/government/publications/enforcing-a-child-arrangements-order-cb5
Use form C78 to attach a ‘warning notice’ if your order was made before 8 December 2008. Orders made after this date will already include one: https://www.gov.uk/government/publications/form-c78-application-for-attachment-of-a-warning-notice-to-a-child-arrangements-order
Send it to the court nearest to you that deals with cases involving children, you can find it here: https://courttribunalfinder.service.gov.uk/search/
It costs £215. The court will look at the facts again to see if anything has changed.
Depending on your situation and what you’ve asked the court to decide they might make: an ‘enforcement order’ - this means the ex-partner has to do between 40 and 200 hours of unpaid work, an ‘order for compensation for financial loss’ - this means the ex-partner has to pay back any money you’ve lost because they did not follow the order. You can go back to the court if the ex-partner still does not do as the court ordered. You can also ask the court to vary the order.
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