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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Why is no one arresting him for failure to comply with court orders?

16 replies

Еvian · 28/12/2023 21:41

Hi there, My best friend just called me saying she's in financial meltdown because hiring 2 lawyers just to get her ex to comply with court orders isn't working. She gets the house by court order as part of the 2019 financial division of joint property and money from the court, he also has another house which he sells in the meantime, we suspect fictitiously and goes back to live in the house that is supposed to be hers. The lawyers write some letters, he appeals 6 times, without success. She gets the house and he has to pay off the mortgage and move out of the house, but he has no intention of complying with any court order and it's been 4 years now. Is there no one to help her besides letters and phone calls + emails shouldn't lawyers get results too? Why is no one arresting him for failure to comply with court orders? She is a respected judge in the country we both live in and feels helpless😥

OP posts:
bellac11 · 28/12/2023 21:43

Is this in the UK?

Has she taken it back to court?

Еvian · 29/12/2023 08:31

Yes is in UK and Yes he has been taking to the court

OP posts:
fernsandlilies · 29/12/2023 09:02

Nobody is arresting him because it isn’t a criminal offence to disobey family court orders.

What exactly does she need to happen? If she needs him to move out of the house that has been awarded to her, she should apply to the court for a possession order and then get the court bailiff to enforce it.

lilyfire · 29/12/2023 09:07

She needs better lawyers if her current ones aren’t enforcing the order through the courts but if she’s a respected judge she would know this. Seems a bit odd.

Mumof3confused · 29/12/2023 18:18

If she’s a judge, why is she expecting Mumsnet to give her answers?

Redlarge · 29/12/2023 18:21

Because civil courts are powerless and facilitate abusers.

Еvian · 29/12/2023 18:45

My friend is a judge in Europe not the UK, so she needs help, only after 2 years with the same solicitor, he told her to lodge a D11 form with the court and it should have been much sooner. Usually, she helps the lawyer come up with a strategy, offers a plan of action.

OP posts:
Еvian · 29/12/2023 18:53

Apparently can

Why is no one arresting him for failure to comply with court orders?
OP posts:
Еvian · 29/12/2023 18:54

Not in UK, she is european

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WhatsTheUseOfWorrying · 29/12/2023 18:55

Eh?

Is it a court order from a court in E&W - or Scotland or NI?

If yes, how does your judge friend live in the UK?

If no, how are we supposed to know the answer to French, German, Italian, Bulgarian etc court procedure?

WhereIsBebèsChambre · 29/12/2023 19:02

She gets the house and he has to pay off the mortgage and move out of the house,
So he has to pay the mortgage of a house he can't live in? He must have some high wage when she's been awarded this with the wage of a judge!

Redlarge · 29/12/2023 19:05

Еvian · 29/12/2023 18:53

Apparently can

But 100% never do. She needs to ditch the solictor and represent herself. Biggest waste of money in the world having legal representation in family court.

Redlarge · 29/12/2023 19:08

She doesn't sound like the brightest spark especially for a judge not lodging the d11 form herself. I dont even think thats the right form anyway. I used a 58 form to enforce a court ordered financial settlement. Not that it did anything ive lodged two since and back in court for 6th time on this matter in feb.

Еvian · 29/12/2023 22:07

He is a highly paid professional who works and lives in UK for years, they were separated

OP posts:
Еvian · 29/12/2023 22:16

She doesn't work in UK, how she can know about some form that in Europe doesn't exist or has different name? But why the solicitors didn't do their job and told her...I have no idea, they just hang around her and she was paying for some correspondence. When someone give you a job people expect some results. OK D11 has been submitted, then what? What happened after that?

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millymollymoomoo · 29/12/2023 22:16

Cannot understand how she was awarded a house with ex to pay it if she’s a judge!

also if she’s a judge, even if in Europe she would be more than capable of understanding process and procedures in U.K. and would likely have colleagues who could easily advise

something amiss

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