repercussions for ex court order is ignored?

Does any one know if you can have something written into a court order that if ex does not respect the court order that they would have repercussions as this will be the third one that has been ignored?

If so what?

For anyone to help you need to be a bit more specific.

My ex repeatedly does not send the children for contact. This will be the third time to court and their attitude is 'no one is going to tell me what to do.'

Can I ask the judge to place something in the up coming order that if this order is not stuck to then there will be repercussions so I do not have to keep going backwards and forwards to court wasting even more money and time, not to mention the detrimental effect it all has on the children?

Before December 2008 contact orders couldn't be enforced and when a contact order wasn't complied with contempt of court proceedings had to be relied upon. Since December 2008 all new contact orders carry a warning notice and it is possible to make an application in relation to enforcement. However enforcement is for the benefit of children, not punishing parents and there are a raft of new measures a judge has at his or her disposal.

The law on enforcement of contact changed a while ago and new proceadures and powers have been introduced.

1. Does your contact order carry a warning notice? All such order after December 2008 carry this warning, if yours does not you must first apply for a warning to be added to your order using the C78 form.

2. If your order does carry such a warning you need to apply to enforce it using the C79 form.

3. As well as seeking to enforce the order, you might want to consider varying (changing) the order to help stop your ex's antics. For example, collect the children directly from school or use a contact center to facilitate third party handovers.

Am sure others will offer additional advice as well, hope this helps.

Well in my experience the mother of my son broke the court order three times and was threatened with jail at the second court hearing. She still ignored it after the third hearing at which she was found in contempt of court after that she finally grew up and followed the court order.

Most judges/sheriffs will threaten them hoping that will be enough but there is next to no chance of them being imprisoned for breaking a court order although there is other options available to the court.

dogonefedup wrote:

Can I ask the judge to place something in the up coming order that if this order is not stuck to then there will be repercussions so I do not have to keep going backwards and forwards to court wasting even more money and time, not to mention the detrimental effect it all has on the children?

The order will contain this automatically and is a couple of paragraphs at the bottom fully explaining what happens if not complied with.

Enforcing it for a breeach is then simple just remember to compile evidence regarding it and that it cannot be a one off with reasonable justification. It has to be continual and no resaonable excuse.

T