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C79-Enforcement
#1
Hi Dads,

I am interested to know who as filed for a C79 enforcement order and what the outcome of that was.

I am repeatedly reading about enforcement orders but I am completely unsure what success rate we are achieving here.

Is that really a solution that can work?

Enlighten me please.

F.
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#2
Yep it works.

In short, numerous attempts at contact, several magistrates hearings, contact granted. No contact.

Moved from magistrate (Bench) to judge. No show. Judge writes to her telling her to be there next week or order will be made without her. Shows up. Agrees contact - in discussion between my solicitor and hers. Judge signs off. She then does the most basic contact, failing to increase the hours as specified in order. We're due to return to court. I apply at last minute for enforcement. Return to court. C79 could not be applied as submitted less than 48 hours before hearing. Nevertheless, it's clear the judge wanted to. She gets a telling off from the judge. New increased level of contact ordered.

Contact is now taking place as ordered.

So, if the other side is being difficult, apply for enforcement. In my case the mere threat was enough. Best thing? That application runs all the way through till the children are 18. So it's now hanging over her. And she knows it.

Enforce. It's the best £100 quid or whatever I've spent in this case.
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#3
(02-28-2017, 05:06 PM)Chi21965 Wrote: Yep it works.

In short, numerous attempts at contact, several magistrates hearings, contact granted. No contact.

Moved from magistrate (Bench) to judge. No show. Judge writes to her telling her to be there next week or order will be made without her. Shows up. Agrees contact - in discussion between my solicitor and hers. Judge signs off. She then does the most basic contact, failing to increase the hours as specified in order. We're due to return to court. I apply at last minute for enforcement. Return to court. C79 could not be applied as submitted less than 48 hours before hearing. Nevertheless, it's clear the judge wanted to. She gets a telling off from the judge. New increased level of contact ordered.

Contact is now taking place as ordered.

So, if the other side is being difficult, apply for enforcement. In my case the mere threat was enough. Best thing? That application runs all the way through till the children  are 18. So it's now hanging over her. And she knows it.

Enforce. It's the best £100 quid or whatever I've spent in this case.

Thanks  for sharing. I am considering a C79, since my ex is not taking the order seriously, or at least she is interpreting it differently from me.
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#4
Hi,

Does the C-79 enforcement need to be always followed by contact application? And how long does it take to obtain it? I have not seen my children for a month now, which seems like ages and the worst torture, but if the kids are small (3 and 5) time makes big difference to them as well, I have no doubt. How long the court is considering C100 application form (contact permission)? Thanks for advice.
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#5
Hi Tom,

Not sure if I understand your question correctly but in the absence of any court order the court can not enforce anything.

The normal procedure would be to try mediation and failing that a court application.
If the court order is then not followed it can be enforced.

What is your situation and do you want us to help you?

F.
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#6
(03-12-2017, 08:08 AM)Frisbos Wrote: Hi Tom,

Not sure if I understand your question correctly but in the absence of any court order the court can not enforce anything.

The normal procedure would be to try mediation and failing that a court application.
If the court order is then not followed it can be enforced.

What is your situation and do you want us to help you?

F.

Hi Frisbos,
 
Many thanks for the reply. After false allegations she made against me on 8th Feb I ended up in police station for one night for explanation. Even though no evidence has been gathered, and in theory I was allowed to come back home, still she refused me to enter the property (joint tenancy), as she put it, she is afraid of me. Then the most helpful police women officers explained to me nicely that if I insist on entering the property they can arrest me as I put her on distress. I had no contact with two children (aged 3 and 5) for a month now. I managed to find somewhere to live, but if that was not enough she convinced court to issue non-mal and occupation orders. I have applied for contact with children, but not sure how long does it take to put in life (have read that sb was waiting for several months).
It just strikes me that this judical system seems only work for females and dads are regularly abused and all those wh0re5 just laughing in our face. At least in my case nobody is asking questions whether the allegations she made are true, and even if you prove your innocence there is no consequences for the laying person. Can you direct me into some sort of idea, what to do next? I have been told there are very slim chances I will win occupational order but I am challenging non-mal. Many thanks
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#7
Hi,

I can not advise you on non-mol or occupational orders as I personally did not come across them.

Where are you with your application for contact with your children? Did you had a hearing already? Did Cafcass completed their safeguarding checks? If so, what did they recommend?

F.
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#8
Hi all,

How long would an enforcement order take? I Have an order in place and contact been running fine for over 12 months, until my application to vary to staying contact, now ex has stopped contact and i am going through proceedings. I don't have any interim contact so next hearing is 3 months away and it looks like i wont be seeing my kids until after this date

D.V
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#9
It may be the case that if you apply for enforcement you will not have the matter heard until the scheduled court date. For me the question is whether you are on a low income or otherwise exempt from the filing fee which is in the order of 215 quid. Personally, I would file (if you can afford it). If the judge chooses not to hear the matter until the court date then so be it. But the important factor is this; you will have filed and within a week or so she will be receive court papers notifying her of that fact. It adds pressure and let's her know that you won't let things slip nor take them lying down. When it gets to court she'll get a slapped wrist or something like that in the first instance but it's a war of attrition, she will in the end have the full weight of the court bear down on her.

In terms of filing, the principle is, two missed contacts and you file, that's my personal rule!
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#10
Hi Guys,

I have a final hearing this month but I know for a fact my ex won't stick to any court order. She's text me this multiple times and I provided it to this evidence in a previous court hearing. After the final court hearing, would the following be the process?

1. Misses 2 contacts - Apply to the court for enforcement. Would it be a C78 or C79 in the first instance?
2. The fee would be £215 for the enforcement hearing. How long do enforcement hearing get scheduled for? I ask because the less time they're planned for the quicker it is to get an hearing (I could be wrong but that is my understanding).
3. Would it be advisable to represent myself in an enforcement hearing? I've been paying barristers and solicitors for months and the well has run dry.

Also, if I don't get the exact result I want in court, how long do I have to wait until I can request to have an additional hearing to increase contact and what application would I use in this instance?

Cheers,
Shaun.
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