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Can I enforce and Variate at the same time?
#1
Hi guys, 

Im after some pretty succinct info as I have to go back to court - have no access at all now (totally broken down 7 mths and have been trying) and she now refuses to let me speak to my boy. I live in Europe and my son is in Hertfordshire although I am in the UK a lot and used to see him regularly. Thats not an issue although for her it is of course - well an excuse. 
So here's please what I need to know - 

I need to enforce the current Arrangements order which does have a warning notice attached. Its been in place 4 years. 

I should file a C79 with accompanying C1A? 
Can I also file a C100 to change the initial order (I want the court to instruct the dates and be very specific and I appreciate that for the good of my boy theres a few things that need changing like a ramp up to over night stays as its been so long)
Can I file these all at the same time? I guess I have to pay more..?
Do I need Mediation to re-submit the C100 as this WILL NEVER happen - she refuses to talk and I don't even have her mobile number.. 

Finally - could I file without notice or in emergency? Is there any benefit and do I have to be in the UK to do so? (I can be no probs).

Thank you guys - looking forward to getting on track and pushing this forward. 
James
Reply
#2
(10-27-2018, 07:23 AM)MurphJ Wrote: Hi guys, 

Im after some pretty succinct info as I have to go back to court - have no access at all now (totally broken down 7 mths and have been trying) and she now refuses to let me speak to my boy. I live in Europe and my son is in Hertfordshire although I am in the UK a lot and used to see him regularly. Thats not an issue although for her it is of course - well an excuse. 
So here's please what I need to know - 

I need to enforce the current Arrangements order which does have a warning notice attached. Its been in place 4 years. 

I should file a C79 with accompanying C1A? 
Can I also file a C100 to change the initial order (I want the court to instruct the dates and be very specific and I appreciate that for the good of my boy theres a few things that need changing like a ramp up to over night stays as its been so long)
Can I file these all at the same time? I guess I have to pay more..?
Do I need Mediation to re-submit the C100 as this WILL NEVER happen - she refuses to talk and I don't even have her mobile number.. 

Finally - could I file without notice or in emergency? Is there any benefit and do I have to be in the UK to do so? (I can be no probs).

Thank you guys - looking forward to getting on track and pushing this forward. 
James

Normally a C79 will only result in punishment if its done in under 3 breachs of the court order, so it depends how many times contact should of gone ahead.
They would deal with it, and keep the arrangements the same.

To change them, of it you have not enforced in the first 3 times, then a c100 to update the order is needed.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
Reply
#3
(10-27-2018, 08:43 PM)MarkR Wrote:
(10-27-2018, 07:23 AM)MurphJ Wrote: Hi guys, 

Im after some pretty succinct info as I have to go back to court - have no access at all now (totally broken down 7 mths and have been trying) and she now refuses to let me speak to my boy. I live in Europe and my son is in Hertfordshire although I am in the UK a lot and used to see him regularly. Thats not an issue although for her it is of course - well an excuse. 
So here's please what I need to know - 

I need to enforce the current Arrangements order which does have a warning notice attached. Its been in place 4 years. 

I should file a C79 with accompanying C1A? 
Can I also file a C100 to change the initial order (I want the court to instruct the dates and be very specific and I appreciate that for the good of my boy theres a few things that need changing like a ramp up to over night stays as its been so long)
Can I file these all at the same time? I guess I have to pay more..?
Do I need Mediation to re-submit the C100 as this WILL NEVER happen - she refuses to talk and I don't even have her mobile number.. 

Finally - could I file without notice or in emergency? Is there any benefit and do I have to be in the UK to do so? (I can be no probs).

Thank you guys - looking forward to getting on track and pushing this forward. 
James

Normally a C79 will only result in punishment if its done in under 3 breachs of the court order, so it depends how many times contact should of gone ahead.
They would deal with it, and keep the arrangements the same.

To change them, of it you have not enforced in the first 3 times, then a c100 to update the order is needed.


Hi MarkR - thanks for coming back. 
Its many many more than 3 breeches - more like 300.. but I live abroad so its very difficult to enforce. 

So my question also was can i file the C100 and C79 at the same time - i.e. physically send it to the court at the same time? 
Thanks for any help. 
James
Reply
#4
(10-29-2018, 02:50 PM)MurphJ Wrote:
(10-27-2018, 08:43 PM)MarkR Wrote:
(10-27-2018, 07:23 AM)MurphJ Wrote: Hi guys, 

Im after some pretty succinct info as I have to go back to court - have no access at all now (totally broken down 7 mths and have been trying) and she now refuses to let me speak to my boy. I live in Europe and my son is in Hertfordshire although I am in the UK a lot and used to see him regularly. Thats not an issue although for her it is of course - well an excuse. 
So here's please what I need to know - 

I need to enforce the current Arrangements order which does have a warning notice attached. Its been in place 4 years. 

I should file a C79 with accompanying C1A? 
Can I also file a C100 to change the initial order (I want the court to instruct the dates and be very specific and I appreciate that for the good of my boy theres a few things that need changing like a ramp up to over night stays as its been so long)
Can I file these all at the same time? I guess I have to pay more..?
Do I need Mediation to re-submit the C100 as this WILL NEVER happen - she refuses to talk and I don't even have her mobile number.. 

Finally - could I file without notice or in emergency? Is there any benefit and do I have to be in the UK to do so? (I can be no probs).

Thank you guys - looking forward to getting on track and pushing this forward. 
James

Normally a C79 will only result in punishment if its done in under 3 breachs of the court order, so it depends how many times contact should of gone ahead.
They would deal with it, and keep the arrangements the same.

To change them, of it you have not enforced in the first 3 times, then a c100 to update the order is needed.


Hi MarkR - thanks for coming back. 
Its many many more than 3 breeches - more like 300.. but I live abroad so its very difficult to enforce. 

So my question also was can i file the C100 and C79 at the same time - i.e. physically send it to the court at the same time? 
Thanks for any help. 
James

You can, but unless you get help with court fees, you need to pay £215 x 2.

I would file a C100, to get an updated Order, and file C79, the first time is not followed
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
Reply


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