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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 10314
Experience:  Dual qualified Solicitor and Attorney
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If a parent breaches a contact arrangement order what can I

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If a parent breaches a contact arrangement order what can I do
JA: Is there ongoing abuse or harassment? How recent?
Customer: Well an order was set out in court by the judge for me to have weekends and he has refused to bring my son this weekend
JA: Were the police called? Was there an arrest for violating the protective order?
Customer: If I was to call the police what is it that they can do
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no Thank you

Hi thank you for your message, please note that I will look to provide an accurate but nevertheless speedy reply to your inquiry. I am sorry to hear about your situation but I will endeavour to help you today.

Customer: replied 10 days ago.
Thank you

The police will not do anything you need to apply to court to enforce the court order.

You can go to court to enforce or vary the order.

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. I trust this assists

Customer: replied 10 days ago.
for example if I apply for the enforcement order what is the likeliness that’s the judge will enforce anything?
Customer: replied 10 days ago.
I don’t want to pay 215 pounds for a warning letter

It is highly likely the court will enforce the original order and warn your ex about the enforceability of the order. I trust this assists

Customer: replied 10 days ago.
will they send warning to the respondent for breach of the present court order.

They will order a hearing and then go from there, as mentioned they will enforce the order and likely warn them in court that a failure to adhere to the order could lead to them doing unpaid work, paying compensation or in severe cases prison. I trust this assists

Customer: replied 10 days ago.
Thank you for your responses

Happy to help, take care

Jeremy Aldermartin and 3 other Law Specialists are ready to help you
Customer: replied 10 days ago.
Take care

Thanks