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Thread: Court order breach

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  1. #1
    juicymel's Avatar

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    Default Court order breach

    Hi all, looking for some advise. My husband was took to court by his ex in reference to changing their daughters name into her partners. It was granted because cafcass wouldnt help us nor could we afford legal help. Now, we brought up that hubby wanted contact with his daughter and they agreed to him writing to her on her birthday and at Christmas. We argued that this wasnt enough so it was ordered that he could write monthly and call once a fortnight. The order was set in place but his ex hasnt stuck to it. It was ordered that she comply if the girl wanted to see her dad, which she has but the mother hasnt allowed this to happen. She constantly changes the call time, which my hubby never argues about but the last 2 times hes called, the phone is off. We attempted to facebook message her but she has blocked us both. His scheduled call tonight was at 6 and the phone is still off. What can we do??? We really cant afford to get a solicitor. Ive said we should mail both her solicitor and the court as it states shes breaking the law by not complying. Any help will be greatly recieved. Thank you kindly.

  2. #2
    leclerc's Avatar

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    Default Re: Court order breach

    I'm afraid I think legal action is your root of action.

    I'll ask @Peridot to take a look as I think they might be a little bit more legalese in this situation(they know a bit more of the legal steps is what i mean ).
    "Family means that no one gets forgotten or left behind"
    (quote from David Ogden Stiers)

  3. #3
    juicymel's Avatar

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    Default Re: Court order breach

    Thank u kindly.

  4. #4
    juicymel's Avatar

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    Default Re: Court order breach

    Are we allowed to email the court about this??? Or maybe her solicitor???

  5. #5
    juicymel's Avatar

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    Default Re: Court order breach

    Anyone?????? 😀

  6. #6
    pt2537's Avatar

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    Default Re: Court order breach

    Sorry family law isnt my area, however @FionaC may be able to assist with this enquiry or in the alternative @Peridot
    I work for QualitySolicitors Howlett Clarke in the Consumer Credit Department. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.



    You can also follow my blog on consumer credit here.


  7. #7
    FionaC's Avatar

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    Default Re: Court order breach

    Hi there,

    If you formally have a court order then it can be enforced or varied. I suggest your partner formally writes to her solicitor. They may not be instructed still but should inform you of this or pass the letter on.

    If this doesn't move matters forward you can make an application to the court and she will need to show why she hasn't complied with the order. The application form is C73 and can be found at HMCTS website.

    I hope this is of help.


    kind regards
    I work for Howlett Clarke Solicitors . Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance.

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