After 5 years trying to sort the fmh, my ex has failed to vacate the fmh despite a Court order stating that he vacates.
He remains in our property and has no intention to move !
He is in breach of the Court Order!
What should I do next ?
Thank you for your kind help !
Thank you -thought that
Do you kindly know what I should ask the Judge?
(Other than asking for the ex to vacate) that will have consequences
If he doesn’t comply? . I just know he won’t move unfortunately !
I would have thought you don't need to ask the judge anything - just apply with the court order and point out that he/she has not complied with that part of it, let the judge decide what the consequences should be. If the experience if anything like mine, enforcement is no quick process - the judge will ask the other party whether they think they've broken the order, they'll say no, the judge will bounce the matter off to some distant listing, and it will drag on and on. But the sooner you start the better. Have you highlighted to your ex that you intend to proceed with an enforcement application if they do not comply, and what the possibly consequences are? Keep all correspondence reasonable so it can be exhibited in court.
I submitted an application to the Court 2 weeks ago, asking them to enforce the Court order that my ex had breached, ordering him to vacate the FMH.
The Court have written back stating that I need to apply for a \"Warrant of Possession\"
Can anyone advise how to go about this? and what is the process and pitfalls?. What Court forms need completing?
Im at a loss and i cant seem to find any information other than directed towards the private rental sector!.
Any help will be greatly received.