A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Do you need help going to court over a Financial Settlement?

Our consultant service offers expert advice and support for people who are going to court over a fair financial settlement, for less than a quarter of the cost of using a traditional high street solicitor.


Enforcement of a PSO - which form?

  • u6c00
  • u6c00's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
12 Sep 12 #355428 by u6c00
Topic started by u6c00
Can anyone help me with which form to fill in?

I''ve been told it''s a C2 but there is nothing on that form or in the notes that suggests that''s the right form. It seems that C2 is a kind of universal form for everything that doesn''t fit one of the others.

C79 is enforcement of a contact order but it is specifically the PSO that I''m seeking.

Many thanks in advance

  • zonked
  • zonked's Avatar
  • Platinum Member
  • Platinum Member
More
12 Sep 12 #355447 by zonked
Reply from zonked
It''s tricky, and im guessing here, but i think you would write to the court notifying them that the PSO has been breached and asking for a Directions hearing. The court clerk could advise you on that one I think.

However, the big issue is the final hearing. You have to take a view on wether seeking a court hearing prior to this will be advantagouse or not.

  • u6c00
  • u6c00's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
12 Sep 12 #355463 by u6c00
Reply from u6c00
Thanks zonked

My view is that the final hearing is likely to be in 2 months. That is a long time for him to get settled in a new home etc.

She will essentially go in to the final hearing presenting the court with a fait accompli: She''s bought a house, she''s registered him in nursery, he''s been living there for several months so the court shouldn''t change residence. That''s why I am considering enforcement now.

There is a Directions hearing in about 2 weeks so if I apply for enforcement then the court can give directions on the enforcement at that hearing.

If someone gives me a good argument against doing it then I am completely willing to listen to reason and be convinced otherwise but at the moment enforcement seems like it is my only realistic option unfortunately.

  • zonked
  • zonked's Avatar
  • Platinum Member
  • Platinum Member
More
12 Sep 12 #355479 by zonked
Reply from zonked
As an alternative would it be an idea to ask for CAFCASS to provide and addedum (sorry for spelling) report based on your concerns regarding the son''s residence. You''d argue its a seriouse child welfare issue and such a report would allow the judge at the final hearing to make an informed decision as to the issue of wether the pso has been breached.

You might also ask for a directions hearing to be listed immiedatly after the filing date of the cafcass report to address issues which have come to light.

  • u6c00
  • u6c00's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
13 Sep 12 #355647 by u6c00
Reply from u6c00
Thanks zonked. Those are actually very close to the agreed directions: CAFCASS to prepare addendum by late October and then the first available date for final hearing one week later. Directions weren''t actually issued on Tuesday because it was transferred to county court and then we have another Directions hearing next Monday where those directions will be issued.

I spoke with a solicitor today who said that applying for enforcement is my only realistic option. If I don''t a good barrister will make out in the final hearing that I knew that she had moved and didn''t do it so my consent would be implied.

Filed a C2 asking for enforcement with directions to be given at the forthcoming directions hearing.

I also had another email today, my ex is apparently too ill to facilitate contact tomorrow. She said that her partner can bring my son to me tomorrow evening (so more missed contact).

The whole point of the PSO was that she cannot facilitate contact when she has moved house. She has now moved house and, surprise surprise, contact has been missed 3 times in the last 4 weeks.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11