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Can I claim court fees back off ex

5 replies

theobstacleisthwonlyway · 05/06/2019 11:32

I will try to keep this short - have tried googling it but I can't make head nor tail.

I have recently been back to court (non parte) to ask a judge to stop a CAO so I wouldn't be in breach when I did not hand DS over to his father. I had to pay £155 for a C2 form.

The reason I had to stop the order is because of safeguarding issues. In January he admitted to smacking DS and using threatening and humiliating language towards him. He made undertakings and promised the court he would not do those 3 things.

Since then he has continued to smack DS and call him names / use humiliating language. DS has expressed that he doesn't want to see his father anymore.

Children Services are involved. The Judge granted the cessation of the CAO and ordered no contact between father and son for 2 weeks and until the CS made their report.

So...my question is...can I claim back the £155 from ex because he was essentially in breach of his undertakings and because of the nature of the problem (i.e. abuse)? And if so, how?

Really appreciate any advice

Thanks

OP posts:
theobstacleisthwonlyway · 05/06/2019 11:58

...also not sure if it matters but he has also not paid DS maintenance money this month....

OP posts:
Collaborate · 05/06/2019 12:06

Highly unlikely but worth asking.

theobstacleisthwonlyway · 05/06/2019 12:09

thanks collaborate...who should I be asking? Is there a special form?

Sorry just so confused by the process when I look online...

OP posts:
Collaborate · 05/06/2019 12:13

You ask the judge at the end of the case, after findings of fact have been made so that the judge can assess culpability.

theobstacleisthwonlyway · 05/06/2019 12:16

Oh I see.

I don't really want to ask if it's not likely.

Thank you

OP posts:
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