CAO - Enforcement order? What to expect.

[donners312]

I have a CAO which forces me to take DD to my Ex.

I have not done this for a number of good reasons (He lied about where he lives and expects them to stay in a shared house with him, kids don't want to go, he left them with a stranger for a week in the summer, I cannot afford the travel etc etc)

I have made many suggestions for him to come to see his DC but he refuses.

What can I expect at the hearing?

You can expect to be listened to, and your concerns heard (unless you're saying exactly what you said during the earlier proceedings, and that was all dealt with). If the court agrees with you the order might be varied. If the court thinks you're being obstructive you could be fined, or imprisoned. Unlikely at first hearing you'd be imprisoned, but the court might make a suspended committal order, which means if you don't comply with the order the committal is activated. You'd also be ordered to pay his costs of enforcement.

Good luck Donners your Ex is do nasty how much older are the DC than the last time you were at court?

Just to expand on Collaborate's post, the Court can't make a suspended committal order without a full hearing, any more than it can commit you, or fine you, or impose an unpaid work penalty. Enforcement is extremely technical and complex, and the standard of proof is the criminal one.

This case shows why

www.familylawweek.co.uk/site.aspx?i=ed71075

I would commend you to read that judgement in full, it is a good education. Take copies to court.

The kids are 14 and nearly 12, we were in court about 9 months ago.

He is insisting I take them to him this weekend despite the weather and it is my DD birthday she really doesn't want to spend 6 hours on a train but he doesn't care.

Thank you so so much for your help and advise!!!!

I have not tried to stop contact and have a lot of evidence i have tried to facilitate but he refuses to come and see the DC insisting I take them to him as per the order. He has also broken it for example he wanted the DC for christmas (its in the order) but then went on holiday he did not even call them for about 6 weeks not even on christmas day)

Thank you for that Mrsbertbibby. It makes interesting reading and some really good points. i feel a bit more reassured.

I have not complied with the order but I have had sensible reason. I have also sought reasonable compromise in line with the children's wishes.

Thanks so much!!