Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Printing out C79 application query
#1
Has anyone else had difficulty printing the form out in that the section where you add the reasons for application scrolls down inside a box but then only prints the area you can read?  The only way around this is to print a copy, scroll down and then print again and staple the second section to the first?  Seems not exactly ideal.
Reply
#2
from what I seen on one of your earlier posts you would need to fill out a c100 to vary your current court order rather than a c79
Reply
#3
(06-30-2020, 09:27 AM)warwickshire1 Wrote: from what I seen on one of your earlier posts you would need to fill out a c100 to vary your current court order rather than a c79

This is to have order enforced as she's not made our son available for contact with me on a number of occasions and she doesn't believe that she has to despite the instruction of the order.

The previous post which I haven't received a reply to is asking if I should still serve a C79 as she has stated she will stick to the letter of the order. This goes back on the agreed arrangements we have in place and makes Wednesday contact impractical and stops me from collecting our son from school. So if she has agreed to always provide contact should I ditch the C79 ( I believe she will breach the order again) and seek mediation/apply to vary current order? She's playing games and it's all about control and nothing to do with what's best for our son.
Reply
#4
from what I read you are still having your son and what is needed is a variation of contact. c79 would be if contact completely stopped all together
Reply
#5
(06-30-2020, 10:54 AM)warwickshire1 Wrote: from what I read you are still having your son and what is needed is a variation of contact. c79 would be if contact completely stopped all together

Are you sure a C79 is applied for only if contact stops completely?  I was advised it was required if order is not being adhered to ie if child is not made available on planned contact dates etc.
Reply
#6
If as on your earlier post the Order states a time of 4.30pm to 6pm and this has been changed previously for practical reasons by consent and the mother now wants to go back to the times as on the Order - then you would have to apply back to Court to vary the existing order which is by C100.
Reply
#7
When a breach happens you are meant to enforce pretty much straight away otherwise it can be argued you allowed it to happen if it is happening on a regular basis.
A variation is the best way to get a order that's more workable for yourself and get changes made. Also be very hard for your ex to be breached as during covid 19 they expect changes to be agreed amongst yourselves. You are still seeing your child as well.
Reply
#8
I haven’t read the other post but agree. If a small change to timing was made and you accepted it and it has been for a while then a court sees that as a new agreement. If you wrote that you don’t agree to this change and it continued 2 or 3 times then you’d enforce. But if it’s been a few weeks and just a couple of hours they may not accept enforcement. You also need to be shown to have done everything possible to resolve the situation. If she has refused to make up the time etc or keep to the times in the order then negotiate and ask her for this to be a formal variation to the order by consent (no need for hearing - order is just amended if both agree and solicitor writes to court.
Reply




Users browsing this thread: 1 Guest(s)