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Taking ex back to court for order breach

  • MrCrunchy
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19 Apr 10 #199214 by MrCrunchy
Topic started by MrCrunchy
Hi

My ex has effectively denied contact with my 4y old dtr for the past two months. My dtr is saying she doesn't want to see me but there is no reason for this as everything was fine the last time I dropped her off (see my other post). Basically my ex has done nothing to help re-establish contact so I am left with no choice but to take her back to court (there is already an order in place with a warning on it)

Only problem is I don't have the money to pay for a solicitor. Can someone guide me as to what I need to do? I have looked on this site but can't see that much about going back to court for order breaches. My general questions are-

1. Is there a specific form I have to fill out somewhere? How do I apply back?
2. Can I argue that she should pay costs as she has broken the terms of the order?
3. How quickly am I likely to get a court date? I am desperate to see my dtr again.

Even if someone could provide me with a link to the right page that would be fine

Thanks in advance

MrC

  • gerimine
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19 Apr 10 #199221 by gerimine

  • MrCrunchy
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19 Apr 10 #199228 by MrCrunchy
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Wow thank you that's great. Does anyone that has been through a similar experience have any pertinent advice for me? I know how stressful and danger prone these cases can be...

  • tom333
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19 Apr 10 #199239 by tom333
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Hi,
Firstly, it's very important that you get back to the court now, ASAP.
Applying for enforcement is quite a simple process and you can easily self represent.
Her argument of the child of 4yrs old not wanting contact will hold absolutely no water at all.
You can fill in and download the court forms from here, www.hmcourts-service.gov.uk/HMCSCourtFin...5A4351756DFF4AC2FD1C

Print up the forms and take them to the court, pay the court fee wich is about £175 and that's it.
You will then be contacted by the court as to when the hearing will be.

Unless she has very valid reasons for stopping contact then your contact should be reinstated immediately and she should get a sever knuckle rapping from the judge.
Best of luck.

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19 Apr 10 #199246 by MrCrunchy
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What a brilliant reply! That made me feel much better thank you!

The link is broken though, is it to the same C79 form that gerimine linked to?

I have written the ex a letter stating my suggestions for resuming contact. If she ignores it or does nothing then it's back to court we go. I have had to offer mediation first so I suspect she will go to that as a delaying tactic

  • onamission
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19 Apr 10 #199253 by onamission
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19 Apr 10 #199256 by onamission
Reply from onamission
Hi
Sorry that link also doesn't work try this

www.hmcourts-service.gov.uk/courtfinder/forms/C79_1108.pdf

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