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Enforcement Order #2

Kyle

Kyle

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So, after 6 months of relative peace and harmony following my Final Hearing in March that saw me walk away with an every other weekend order, which has surprisingly been stuck too quite amicably. The ex has slowly slipped back into her default settings.

She has refused me access to my son this morning on the grounds that she believes he wouldn't be safe with me! Completely out of the blue.

I'm fine. Little mans fine. Everything was fine. But this is her personlity. She is like a Yo-Yo. This pattern of behaviour is also seen with her family and friends. She falls out with and makes up with them back and forth, constantly, and is infamous in my town for causing conflicts between people and stirring trouble.

Anyway, enough of my poor choices in women to have children with. Despite being really dissapointed and having to witness my son cry at the window. I'm hardened to this now. I've just come home, took a deep breath, switched on the PC and submitted a court form C79 application to enforce a court order.

So the trigger has now been pulled on yet more court time. This will be the second enforement order I have made since the contact centre debacle of 2022.

I thought I'd share the wonderful experience with you in the hope it helps others.

Hope you're all well.

K
 
So sorry to hear that Kyle. I've also had the experience of it going ok for 6 months and then ex reverting. I think the fear wears off. It seems no coincidence that it's the run up to Christmas ......................is Christmas ordered to be with you this year by any chance?

Although you've submitted the C79 it would still be worth sending a kind of "letter before action" email to her formally to see if she comes round.

Eg

"I'm writing to advise you of your obligations under the Child Arrangements order of x date. It is your responsibility to comply with the arrangements and not doing so risks contempt of court. Please can you confirm xxxxxxxxxxxx will be available to collect at thje usual time on x day."

I hope you get a hearing before Christmas, but it's a bit tight. Do you happen to have anything booked over Christmas? I night away somewhere, any train tickets or something? If so, a specific issues application might be quicker.

I got to the point where I always booked something - even just a day trip - for every holiday period, so if she tried it I could get an urgent specific issues order. Once she realised I could do that and it went badly for her the second time, she stopped breaching the holidays. Until the pandemic came along when no one could go anywhere! Then started doing it again.
 
Yes I sent her one final formal email making a case and plee for common sense.

I have ticked the finacial loss claim box on the C79 in a hope of claiming the money back as I have had a hard time of things work wise lately and this is really the last thing I need financially. She replied with a screen shot of my CMS arrears from her CMS profile with the message "can I claim my money back too?" So I think the real reason she is doing this is because she's mad at the lack of consistent maitainence payments and she's using yet another welfare allegation as a smoke screen. I have kept in regular contact with the CMS and they are happy for me to conintue payments now I have a good run of work again.

Last time I submitted an enforcement in existing proceedings application we had a court date in a fortnight. Not sure if its likely to be longer for enforcement of a CAO in my county?

I don't have anything booked unfortunatly.
 
That sounds like it - she's done it in retaliation because you're not paying the amount of CM she wants. I don't think you'll get far with financial claim - the most is likely to be the cost of the application. When you say lack of consistent maintenance payments, could you agree to pay a regular smaller amount - if it's meaning missing the odd month, as that will pee her off.
 
Ash said:
I got to the point where I always booked something - even just a day trip - for every holiday period, so if she tried it I could get an urgent specific issues order. Once she realised I could do that and it went badly for her the second time, she stopped breaching the holidays. Until the pandemic came along when no one could go anywhere! Then started doing it again.
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Good tip Ash. Could you elaborate on this though? Does it essentially mean the court will have a hearing date quicker, because of the booking? Why is this? And I suppose it needs to be something booked like a day out with your child? Am I understanding that right? Just interested to know more about this.
 
Strangely, holidays take the highest precedent. So while you might wait months for a child arrangements order - if you have a holiday booked, it's seen as a priority. Holidays for the child, with a parent, are seen as extremely important, hence you can apply for an urgent specific issues order with a 48 hour hearing, if a booked holiday is imminent. Ideally one that has been previously agreed or is within your usual time and not needing specific agreement.

It's intended for times when - you have your holiday booked and the ex is refusing to agree or handover passports etc. What you need is a confirmation that something is booked but people have had a SIO when they've just had one night booked somewhere or a week-end away eg. Saying you've planned to travel to family isn't enough, it needs to be a booking - either accommodation, or a train ticket eg.

These days an urgent 48 hour hearing might take a week or two and it would only be eligible for an urgent hearing if it's within 2 or 3 weeks of a booking.

It's bizarre that you can't get an urgent hearing if an ex stops the child coming, but you can if you have a holiday booked.

You don't even need to have a CAO to apply for a specific issues order for a holiday, but can apply for one at the same time.
 
Ash said:
That sounds like it - she's done it in retaliation because you're not paying the amount of CM she wants. I don't think you'll get far with financial claim - the most is likely to be the cost of the application. When you say lack of consistent maintenance payments, could you agree to pay a regular smaller amount - if it's meaning missing the odd month, as that will pee her off.
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I ticked the financial claim box each and every time i went to court, got jack shit out of it.
 
If a Specific Issue application is heard quicker. But I haven't booked anything to justify applying. Could I book something now and then submit one, even though I have already submited a C79 enforcement application?

It looks like my local family court is indeed fully booked up until Christmas. Propbaly with enforcement hearings for breached CAO's! I'm unlikely to get a hearing until the new year.

I'm now wondering if she has done this to ruin Christmas. On our current CAO, I am meant to have the boy on Christmas Day!!
 
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Not really as that would look a bit obvious that you booked something - you need to provide confirmation of booking with a SIA which will show the date of booking. On the other hand - as Christmas is coming up and people often have plans it could be worth a try! If it's a train ticket to visit family eg. Daneman just had an enforcement hearing through in about two weeks though. Although regions and circumstances vary.

Almost certainly she has done this to ruin Christmas - it's the most common time for breaches. Although at least you've had advanced warning! Some do it literally just before Christmas Day. My ex breached at Christmas every year, knowing I wouldn't get a hearing till after Christmas.

Have you phoned the court and asked when the hearing is likely to be? I'm guessing you have if you're saying your family court is fully booked up. In which case I would think it's worth a try for a SIA. Is there an event just before Christmas you could book tickets for? It would mean another application fee though. It would be bad if you didn't get a hearing before Christmas as it's still three weeks away.
 
Yes I phoned the court to pay the fee and asked the clerk if he could tell me what the lead times were for enforcement hearings and said, "I'm not sure but the court is fully booked up til Christmas."

What knocks the wind out of me with this process is the fact that SIO's are on the C100 and you have to attend a MIAM all over again!

I take it you make full use of section 5. Why are you making this application, to explain the reason for applying and hope that is read and you get a hearing before Christmas. But of he courts are fully booked, how does that work?
 
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You don't have to attend a MIAM for an urgent 48 hour SIO. Although it is a good idea to get one done. You could get a quick MIAM sign off - that's what I've done before. Just to make sure it went through.

I don't know how it works, but they always make room for urgent applications. I think you would say that you have something booked for your son as a special occasion and he is now being witheld for no good reason, in the run up to Christmas and ask the court to order the holiday day/week-end/ week. If it was a full week's holiday they usually say they will fit you in before the holiday,. Not sure if they would do that just for a day's holiday or an overnight, but it's possible.

Yes it's extremely frustrating that these ex's are not only stopping you seeing your child, but costing you money in applications and MIAMs as well. How big is your local court? Is there a bigger one in a city not far away? They sometimes have more Judges/availability.
 
If you don't get a date until after Christmas (either way) then I would do a strong position statement and ask for a suspended residency clause if she breaches again. You're not likely to get it, but it might scare her - the idea of losing residency.
 
Yes making a start on a PS. It's a shame there wasn't a clause in my existing order, like call the police if she breaches. But I guess thats never possible.

I'm in two minds about whether or not I will need representing when the date for the EH comes through.
 
It will be 1 month tommorrow since I submitted a C79 to my county Family Court to apply to enforce my Child Arrangements Order after the ex decided she was going to breach it and stop all access to my boy and communication with me, and still nothing from the court. No court letter with a hearing date or any other communication.

So much for a 14 day lead time.

It feels like being back to square one and all the fighting throughout 2022 was for nothing.
 
Have you phoned the court? It’s bad you haven’t heard anything at all yet.
 
Looks like you won’t be getting a date before Christmas then but it’s still possible. Have you had any communication with the ex to try and sort things meanwhile?
 
Kyle said:
It will be 1 month tommorrow since I submitted a C79 to my county Family Court to apply to enforce my Child Arrangements Order after the ex decided she was going to breach it and stop all access to my boy and communication with me, and still nothing from the court. No court letter with a hearing date or any other communication.

So much for a 14 day lead time.

It feels like being back to square one and all the fighting throughout 2022 was for nothing.
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call the court, Wolverhampton were very efficient with me, they answer the phone , are very helpful and theres only a 4 week wait

Stoke court, however keep you on hold for 60 minutes, the phone cuts off, and theres a 20 week wait for enforcements
 
Ash said:
Looks like you won’t be getting a date before Christmas then but it’s still possible. Have you had any communication with the ex to try and sort things meanwhile?
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I've emailed the court as they never answer the phone during the day. I think they've got one clerk, a young girl, covering everything. I will try again tomorrow.

The ex is ignoring all my calls, texts and I've even tried emailing to no avail. She has completely put the shutters up.
 
Really sorry about that. Does she know you've applied to enforce?
 
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