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Enforcement

5 replies

CMcallen · 13/03/2019 10:03

Hi,

Just wondering if anyone has been to court to enforce breaches of a child arrangements order and how it went?

Thank you

OP posts:
stealthmode · 13/03/2019 10:52

Yes. Always move to enforce repeated breaches of a court order (unless there is lots of history of breaches in which case you move immediately to enforce on a single breach). Have all the breach dates prepared. Supporting evidence such as emails/ texts etc prepared to submit.

Normally the parent who has breached contact will submit a stack of reasons as to why contact is breached (do you know why the breaches have occured?) and based entirely on that a judge will decide next steps.

Normally they will simply give a warning, and reiterate that contact must progress per the court order. They may introduce additional wording to cover any ambiguity that the existing order has, so for example, a parent may cite a childs illness, or that the child/ren did not wish to attend contact. In which case a judge may say, well if the child has to have been to a GP and the GP advised staying at home etc and in that occurence for a parent to deny contact is not a breach. However a text saying the child cannot come as they are unwell (if they havent been to a gp) is a breach. They may also reiterate that even if a child does not wish to attend contact, the parent must have the child ready and prepare them for contact.

Its normally concluded with a subtle warning around breaches. And also a subtle warning to the parent who has put in the application, that contact must be child focussed. The judges try not to escalate them and simply want these situations to settle.

If however the parent who is breaching counteracts with allegations, depending on the severity of them - that starts up a whole new path.

I personally think repeated breaches should always be enforced. But have supporting evidence of texts/ emails that support that contact was withheld deliberately.

CMcallen · 13/03/2019 11:32

That's really helpful, thanks so much! At court in a couple of weeks and not sure what to expect.. That has answered a lot of my questions.. Thanks again Smile

OP posts:
NorthernSpirit · 13/03/2019 11:35

My OH has taken his EW to court 3 times for breaching. The last time the judge threatened a change of residency. Since then (on the whole) the mother has stuck to the contact order.

My recommendation would be if they breach enforce. It’s the only way to stop their control.

smallereveryday · 13/03/2019 21:08

My DH ex was taken to court for enforcement due to constant breaches . All catalogued and presented at court. Resulted in change of residency to us.

stealthmode · 13/03/2019 21:31

Yup. Judges don’t take kindly to someone deliberately flouting court orders. But if this is the first time you’re applying to enforce a court order then it typically gets through with a warning to adhere.

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