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Enforcement
#1
Hi dad's

Do you need to try mediation before trying to enforce an order? Or can you just apply directly to court?

Thanks
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#2
It would probably depend on what has actually happened and how serious it is before you can enforce without mediation
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#3
Technically you don’t need to have mediation to enforce but they do like to see you have tried to resolve the situation before enforcing. Also it has to be a breach that can be shown there was no good reason for it. What has happened?
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#4
Things were going great as per the court order, then suddenly one week it all changed and our daughter didn't want to see me at all. So between me and my ex we agreed on a break (more her idea than mine)
Next time I saw our daughter it was back to normal.
Ex now wants contact to be supervised "until our daughter is happy"
Contact centre report shows our daughter is happy, she spent 2 hours with me after several months of not seeing me.

I said supervised is fine but ex has to pay 50%

Ex says court order says I pay everything.

I responded that the court order says by this time I should have overnight stays.

Ex won't budge.

I've offered mediation, she's refused.

Contact centre says the only problem here is my ex.

I'm just trying to build up my case, she's not negotiatting or agreeing to mediation, contact centre are pulling their hair out with her.

Somehow I'm still the bad guy though.

I want to go back to court to enforce the order and ensure not the bad guy.

It's hard though, if I kick off... Well I'm somehow the bad guy, despite the mountain of evidence to the contrary
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#5
It does sound like you need to enforce the order to get overnight contact started. I would write her a formal email eg

“Dear ex name

Our court order states progressive contact and daughter should now be spending every Saturday night with me (or whatever it is). The contact centre are happy with contact and our daughter needs that progression in contact and I ask that you support and encourage this. Please can you confirm that she will be available for me to collect at x time on Friday and I will return her at x time on Sunday. I am happy to discuss any issues at mediation but may need to apply to enforce the court order if it is not complied with. Regards, you.
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#6
Sorry to jump on this post but I can’t find how to create a new one myself and I am having the exact same problem. I sent a polite message worded similar to above and spoke to mediators and they advised to enforce the court order.

As such, I was wondering whether any of you can advise me on what point I should submit or give evidence such as emails and communications et cetera to support my application to enforce the court order. I fell foul when arranging the child arrangements order of not knowing that I had to submit evidence in advance and so got a less than optimal order. The order as it is is not so bad but it is not been complied with I want to make sure I can get the evidence in . Thanks
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#7
It may be difficult to enforce court orders at moment . Depends what the issues are. A lot of non compliance cases wont be dealt with until later on in year.
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#8
It’s being done by telephone next Thursday. They said they are arranging things whenever possible by Skype or telephone or alternative video calling. Cafcass also being done by telephone.
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#9
Ok so you have a hearing. Under the current circumstances with Corinavirus, parents can vary a CAO between them in writing and it’s classed as legal. If one parent makes a unilateral decision - eg your ex keep the children with her due to genuine reasons such as fear of getting the disease if she or the kids are Hugh risk - then that is also seen as legally accepted but they must allow regular video contact with the other parent. So just bear that in mind. They may not enforce if ex has good reason to keep the kids right now. However if she is say sending them to school because she is a key worker there is no reason why they can’t come to you as usual - providing you aren’t concerned about getting the disease.
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