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if there is a court order in place and your ex goes against it what happens?

(5 Posts)
Tearsoffrustration Tue 19-Jul-16 07:30:49

We've been to mediation and he is now going against what was agreed there regarding our DC because I'm trying to get another matter resolved & he' not happy about it - so what's stopping him doing the same if we go to court?

TimeforaNNChange Tue 19-Jul-16 07:43:37

Nothing, really. Family arrangement orders are rarely effective when someone is unable to put the DCs wellbeing ahead of their own wants.

I'm assuming the "breach" is along the lines of not returning the child as agreed?

Even when a court order exists, it cannot be enforced by the police; they will carry out a wellbeing check at the request of the other parent, and then, in order to enforce the Court Order, you'd have to go back to family court. If it was an emergency (say, your DCs other parent was refusing them all contact with you), then you could apply for an emergency hearing, but otherwise, you'd have to apply for a routine enforcement hearing.

Kitecutter Tue 19-Jul-16 09:06:09

As pp stated, nothing agreed in mediation is legally binding. A court order "is" but it would depend on what the breach is as to what action might be taken and the best interests of the child(ren) will be at the forefront. And no, it is not a police matter and would need to be referred back to the court system for any changes.

As an example, a parent (whichever) is regularly late picking up/dropping off so arrangements may be altered so that drop off/collection is from school/nursery to avoid the conflict. The fact that the other parent might have work/childcare issues because of this just wouldn't come into it.

mrsbrightside3 Tue 19-Jul-16 09:36:09

If you have a child arrangements order in place (agreed and signed by a court) then you can enforce it by taking the matter back to court. This will cost you money (I think its around £100 - £200 to issue the form to court). Its likely that a court will not do much unless the order has been repeatedly broken. If so, then your ex maybe in for a fine / penalty.

If it goes back to court your ex can argue the case that the previous court order / child arrangements order is not suitable for him anymore (and state his reasons) and a new order can be negotiated and agreed / signed.

donners312 Tue 19-Jul-16 19:50:06

in reality nothing really. It is depressing but badly behaved parents seem to be able to do what the want without any justice.

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