Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Small Claims Court
#1
Ex has breached the CAO twice now and so the court have said file C79, I don't see why I should have to pay for this to be brought to court even though it has a warning at the bottom of the order..... anyway can I take her to the small claims court to get the money from her seeing as it is her at fault here?

Case is still open as final hearing in a few weeks so hoping they waive the fee but still..... also I earn too much to get any discounts etc.
Reply
#2
Sadly, as a rule, you can't claim back court costs in Family Court proceedings. If she has caused you to incur losses (pre-booked train tickets for seeing kids, holidays etc), you could always ask the judge to award those to you though.
Reply
#3
(01-24-2018, 04:57 PM)MrBiz Wrote: Ex has breached the CAO twice now and so the court have said file C79, I don't see why I should have to pay for this to be brought to court even though it has a warning at the bottom of the order..... anyway can I take her to the small claims court to get the money from her seeing as it is her at fault here?

Case is still open as final hearing in a few weeks so hoping they waive the fee but still..... also I earn too much to get any discounts etc.

To bring a case in the Small Claims Court, you need to show that there was a Contract or an Agreement made, what she has not followed, and as a result, you have a loss.

In law it will be up to you to evidance the contract, if she disputes it.
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
#4
Thumbs Down 
(01-24-2018, 07:41 PM)marwood Wrote: Sadly, as a rule, you can't claim back court costs in Family Court proceedings.   If she has caused you to incur losses (pre-booked train tickets for seeing kids, holidays etc), you could always ask the judge to award those to you though.

There would be no losses other then the cost of enforcement..... it's a joke, she should be made to pay each and every time. We already get the bum deal out of everything lol

(01-24-2018, 09:03 PM)MarkR Wrote:
(01-24-2018, 04:57 PM)MrBiz Wrote: Ex has breached the CAO twice now and so the court have said file C79, I don't see why I should have to pay for this to be brought to court even though it has a warning at the bottom of the order..... anyway can I take her to the small claims court to get the money from her seeing as it is her at fault here?

Case is still open as final hearing in a few weeks so hoping they waive the fee but still..... also I earn too much to get any discounts etc.

To bring a case in the Small Claims Court, you need to show that there was a Contract or an Agreement made, what she has not followed, and as a result, you have a loss.

In law it will be up to you to evidance the contract, if she disputes it.

Ok so technically the CAO is a contract/agreement to which she has not followed. If the judge agrees this by way of whatever he does then that is evidence of such breach of contract no?
Reply
#5
I'm afraid you're misunderstanding the law. A CAO is a court order, which is not the same as a contract at all.

A contract is an agreement between two parties to fulfil an obligation (e.g. I give you a car) in return for a consideration (e.g. you give me some money). If you breach the contract, I can ask a court (not a family court though, different branch of law), to restore me to the position I would have been in had you fulfilled the contract.

Even if you had agreed this with her directly, child arrangements wouldn't fall under contract law.
Reply
#6
If you're having to pay to enforce, could you ask for the order to be varied at the same time with a line added that any further breaches will lead to a change of residence? You might need legal advice.
Reply


Possibly Related Threads...
Thread Author Replies Views Last Post
  If at court my ex claims abuse, what happens? Jmills84 1 2,976 06-18-2017, 08:03 PM
Last Post: MarkR



Users browsing this thread: 1 Guest(s)