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Enforcing a child access ordee

3 replies

Valleygirl27 · 20/09/2020 07:27

I posted on another topic and someone suggested I ask for advice here. Here is my original post- www.mumsnet.com/Talk/stepparenting/4028374-How-to-support-DP-through-ex-not-allowing-access?watched=1&msgid=100156840#100156840

I'm hoping someone on here could point me in the direction of how to get a court access order enforced. Apparently you can do this online yourself however I have only ever found a link on the gov.uk website and I am unsure if this would apply to Scotland?

Also, does anyone have any knowledge or experience about how the courts actually enforce orders. I know it says they can give a fine or imprisonment but imprisonment seems very unlikely and the ex who is preventing access is not in the position financially to afford a fine so unsure how it could actually be enforced. I would love if a court saying she had to abide by the terms of agreement set out in court previously would be enough for her to do so but our fear is that it won't be unless she sees there being a real threat of a sanction or otherwise if she doesn't.

Any help or advice would be greatly appreciated as this is really breaking my DP right now.

OP posts:
Spandang · 20/09/2020 07:31

Is it definitely an order (as in, an agreement that has been stamped by a court) or is it an agreement?

You say both in your original post hence checking.

Valleygirl27 · 20/09/2020 07:33

It was granted by the court (they had an informal agreement prior to that but it broke down so they went to court) . Sorry, I'm not great with the terms.

OP posts:
Valleygirl27 · 20/09/2020 08:07

www.gov.uk/government/publications/form-c79-application-related-to-enforcement-of-a-child-arrangement-order

This is the link I have found- does anyone know if it would be a different one in Scotland? I know Scots law is different /separate but don't know if this is the case over all areas of law or just certain ones.

OP posts:
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