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Enforcement order?

4 replies

FiveforFive · 22/02/2024 14:03

Within family courts can an enforcement order be made before a parent breaches the order? Also can costs be sort/given if one parent in looking for an amendment to be made to the current order, this amendment isn’t a decrease in time.

OP posts:
prh47bridge · 22/02/2024 14:19

.An enforcement order is a penalty. They won't penalise a parent until there is something to penalise them for. So no, the courts won't make an enforcement order when the original order has not been breached.

The family courts will normally only order costs if one parent has behaved unreasonably in the proceedings. It is therefore unlikely that a parent seeking to vary an order would be able to claim their legal costs.

FiveforFive · 22/02/2024 14:23

@prh47bridge the costs would be brought against the one seeking to vary, would this make a difference ?

OP posts:
prh47bridge · 22/02/2024 14:40

Not really, no. Costs will only be awarded if their behaviour is unreasonable.

FiveforFive · 22/02/2024 15:18

Thank you for confirming this @prh47bridge

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