C79 contact enforcement - pls help

[sal1223]

Evening all , a friend of ours is having issues with a contacts arrangements order he has in place for his daughter (4) he is entitled to every other weekend and one day midweek . His ex has breached the order countless times not making lo available / cancelling last minute / very hostile at handover and changing arrangements on the spot taking her back indoors . Friend has suggested now to collect her from school on a Friday and have a family member return her Sundays to eliminate any need for them to have contact, so as not to expose lo to any hostility between them.

On the last weekend he was due to have her he had a txt to say she was stopping contact for now because of the impact it's having on them - and that she has safeguarding concerns . He's pretty dumbstruck by this as contact is always fine and they have fun - no issues . He has asked her to explain further , asked her to consider the alternative solutions to handover , all met with a firm no - contact is on hold .

The advise he's been given on dad support groups is to apply for a c79 enforcement of an order . Does anyone have any experience of this they could share that might help? Is it wise to put in a position statement with the application ? What is likely to hold up as 'reasonable excuse' for continually breaching the order ? I've told him that I think he should go ahead with it because the child arrangements order is legally binding and his daughter has a right to a relationship with him , he's a good dad and she really enjoys her time with him - we have a big friendship group that they're involved with days out / birthday parties etc it's so sad to see him so broken over this . Any suggestions / shared experience would be much appreciated x

Form C79 includes space for him to explain why he is applying for the order. He simply needs to complete it and submit it. When doing so, he should focus on the facts and the issues, and remember that his daughter's welfare is the primary consideration.

A reasonable excuse for breaching an order might be that the child was ill or there were transport issues. I can't immediately think of anything his ex might come up with that would be a reasonable excuse for cancelling all contact alleging unspecified safeguarding issues.

Ok thanks for your reply . So a position statement not necessary then ? We’ve told him he should try and make a list of dates contact has been cancelled , would this need to be listed on the form or saved for a hearing ? Could he state how many times in the last 18 months or would he have to be specific ?

Put the list of dates on the form. Be specific. The form asks you to say how the order has been broken and when it happened.

Your friend may want to read assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/714177/cb5-eng.pdf

Ok thank you x

@prh47bridge before he’s had a chance to do this he has since received a non molestation order out of the blue with false allegations of threats against her and he’s absolutely devastated. He can’t get legal
aid or afford a solicitor - there’s a hearing in a months time

I'm afraid he will have to go to the hearing and represent himself. Don't let this put him off applying for enforcement of the order.

It has put him off because at present he’s not allowed anywhere near either of them . He’s in bits it is so sad 😞 it seems to be a case of gaining leverage in child contact disputes with false accusations which have immediately granted the ex legal aid for it all . I’m not sure what he’ll do now he’s just letting it sink in - we’ve told him the truth should prevail esp when there’s no evidence of her claims against him .

does anyone had any experience for enforcement court order C79?
my ex has not seen his son for nearly 4 months. He was giving me conditions which were not in the original court order basically he wanted me to pay for expensive mediation and anything to avoid pay for his child , for clubs during holidays which he should pay as the court order say 50;50 during any school holidays. Does anyone experience being control over child arrangements order. He was basically saying if I will not sign his conditions he will not resume contact. I said to him his behavior is coercive behavior. He laugh off. I have been abused by this man so many years. My ex is highly manipulative. He is narcissistic man and also he has Asperger but unfortunately he has money on his site which he always try to bully me. My son is sad he is not seeing his father. I tried to explain to my ex the court order is about our son but not about him giving me conditions which are mainly about money or him or his gf. I asked him on numerous ocassion for help when I was feeling exhausted and sick but only what I got help yourself. Said not my problem typical gaslighting phrase use by narcissists. I am struggling as working full time and I do not have family who is near by. He is booking holidays with is awful gf even during the time when is his time to have our son as he said this during Mediation. I said you should not be booking holidays during the time you Mean to have him but he obviously thinks differently. Got even message enjoy your miserable life while we are having fun. Does anyone experience something similar. I had finally enough and filed in the enforcement order as my ex think he is above the law. Hope soon he will realize there is no leg to stand and everyone has to comply with the court order. I am so said for my son. His father is missing on beautiful little boy but his father is scumbag.

Hi, I’m going through this too. My ex husband took me to court to seek contact but he only did this to support his immigration status not because he is interested in his children. He hasn’t seen his children since our last hearing in July. What should I do? @Cortina7800

The courts will not force the absent parent to have contact with their child. You may be able to get contact removed if he is not actually taking it up, but you won't be able to force contact.

So how do I do this?

If you want to change an existing Child Arrangements Order without a solicitor, you start by completing form C100. You will have to attend a Mediation Information and Assessment Meeting unless one of the exemptions applies. You will have to give your ex the opportunity to oppose your application.

Alternatively, you could do nothing. If he is not taking up contact and you think it is unlikely he will do so in future, you could just leave the order as it is and avoid the costs and hassle involved in changing it.