family law question

[lurkerlou]

My DP went to court (self representing) for access to his DD and got a court order earlier in the year. His ex has recently broken the order 5 times in a row, though DP would consider only 3 of them to be worth arguing over. The 3 of concern involved cancelling of contact and changing of times unilaterally without discussion and a third where he turned up at her house and waited for an hour as she had 'forgotten'

The main concern is that she seems to be taking the order less and less seriously and we're worried it could escalate.

I understood that all court orders these days automatically have an enforcement notice on them. My DPs order for contact with his children doesn't seem to. Could it be because it was an order made at a directions hearing?

There is a review hearing coming up in November. Should he ask for such a notice to be attached or is this only for final orders?

Is there even a difference between a final order and an order made at a review?

Thanks!

[Collaborate]

The order should have the enforcement notice on it. Probably wouldn't make a difference at this stage, but worth bearing in mind when any future orders are made.

[mumblechum1]

Even if it doesn't have an enforcement notice on it now, he could apply to have the notice attached, and try to get it on as a mention (ie very soon) or under the Slip rule because I think it should have been put on in the first place.

[Collaborate]

That's what I meant.

[jaycube]

How much time it will take to solve this matter.

[mumblechum1]

The OP should ltake advice from her solicitor. If their view is that the enforcement notice should have been attached then they can simply send it to the court with a letter asking for it to be amended under the slip rule. The court would then turn it around within 1 to 2 weeks.

If a hearing is necessary it's more like a month and of course that would rack up costs considerably.