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Child arrangement order breach
#1
I have a child arrangement court order to have my daughter at the weekend, my ex has not let me have her and has told me not to contact her.

I have printed the form of enforcement at the moment it has just been the first breach, however i am on low income and the £215 court fee i was not sure if i would get this back or be able to get legal aid or some help with this fee?

Thank you for your help 

James
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#2
(12-16-2017, 07:31 PM)jamez2018 Wrote: I have a child arrangement court order to have my daughter at the weekend, my ex has not let me have her and has told me not to contact her.

I have printed the form of enforcement at the moment it has just been the first breach, however i am on low income and the £215 court fee i was not sure if i would get this back or be able to get legal aid or some help with this fee?

Thank you for your help 

James

You need to speck to the Court staff, to see if you can get it free, or a reduction.
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.
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#3
I would let her breach one more time. Write to her about arrangements for the handover/weekend but don't get cusght in an argument or repeated emails asking the same question.

If you are on a low income, chances are you are exempt. You need to fill out a form called EX160. That form alone will tell you if you are likely to be exempt. If you are, you don't pay the fee upfront, you simply submit the application for enforcement and the exemption form. You can find a cooy of the form here:

https://www.google.co.uk/url?sa=t&source...PPHLSR5pdn
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#4
(12-18-2017, 11:25 AM)Chi21965 Wrote: I would let her breach one more time. Write to her about arrangements for the handover/weekend but don't get cusght in an argument or repeated emails asking the same question.

If you are on a low income, chances are you are exempt. You need to fill out a form called EX160. That form alone will tell you if you are likely to be exempt. If you are, you don't pay the fee upfront, you simply submit the application for enforcement and the exemption form. You can find a cooy of the form here:

https://www.google.co.uk/url?sa=t&source...PPHLSR5pdn

Note that if you let a breach go unchallanged in a reasonable amount of time, or 3 times overall, it can make the order not enforcable.
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.
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#5
Two breaches is a perfectly reasonable number of breaches to enforce on. A court would do nothing after one breach. But It's been one week. However, after she breaches the second time, get the form in.
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#6
wow thats really great help, really appreciated as obviously have never had to enforce a court order before.
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#7
It's fine. She'll basically get a a warning this time but don't walk away thinking that's nothing. The Court allows her so much rope to hang herself and then they do take.action. I hope it doesn't get to that stage for you and she wises up but yes you really need to enforce the breaches. What it does is, keep bringing the breaches back to the court's attention and painting a picture of obstruction.
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#8
Thats great, thank you so much, luckily for now she has said she will stick to the court order "for now" but that does not include christmas day which she had already pre arranged, oh dear at least hopefully for now i will be able to see my daughter without court proceedings, appreciate all your help as this is a grey area to me.

James
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#9
Can I ask that can you claim the court fee back from the person who has made the breach?
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#10
Welcome James. Make sure she sticks to everything from here on in. It's outrageous she's left you no Christmas time so I'd agree with her in writing after the new year just how that will work next year. And don't delete the emails and texts from the event contacts you've had with her, they may come in handy in the future in showing a pattern.

Andynumpty (!) you can try but judges don't like mixing child arrangements and money, so I wouldn't bother asking for the money back. In the long run it'll be money we'll spent.
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