Comments on: Enforcement of Contact Orders – let it be shouted out from the roof-tops http://pinktape.co.uk/cases/enforcement-of-contact-orders-let-it-be-shouted-out-from-the-roof-tops/?utm_source=rss&utm_medium=rss&utm_campaign=enforcement-of-contact-orders-let-it-be-shouted-out-from-the-roof-tops a blog from the family bar Thu, 17 May 2012 22:33:06 +0000 hourly 1 http://wordpress.org/?v=3.3.2 By: familoo http://pinktape.co.uk/cases/enforcement-of-contact-orders-let-it-be-shouted-out-from-the-roof-tops/#comment-148 familoo Wed, 29 Feb 2012 15:53:26 +0000 http://legalfamily.wordpress.com/2007/10/21/enforcement-of-contact-orders-let-it-be-shouted-out-from-the-roof-tops/#comment-148 @ Steve - its always difficult to judge whether you should make an application for an enforcement order, they may not always be the most effective way of getting things moving - in my experience they look good on paper but the court finds it difficult to make good use of them. I can't advise you through this blog, but I think given the long history of your case it would be sensible to get some prompt legal advice to see how you can best go forwards, even if ultimately you end up representing yourself at court. Your case sounds as if it is unlikely to be suitable for direct access instruction of a barrister so if I were you I would go straight to a local solicitor with a children's panel member as part of the team. Best of luck with it. @ Steve – its always difficult to judge whether you should make an application for an enforcement order, they may not always be the most effective way of getting things moving – in my experience they look good on paper but the court finds it difficult to make good use of them. I can’t advise you through this blog, but I think given the long history of your case it would be sensible to get some prompt legal advice to see how you can best go forwards, even if ultimately you end up representing yourself at court. Your case sounds as if it is unlikely to be suitable for direct access instruction of a barrister so if I were you I would go straight to a local solicitor with a children’s panel member as part of the team. Best of luck with it.

]]> By: Steve http://pinktape.co.uk/cases/enforcement-of-contact-orders-let-it-be-shouted-out-from-the-roof-tops/#comment-147 Steve Wed, 29 Feb 2012 05:52:33 +0000 http://legalfamily.wordpress.com/2007/10/21/enforcement-of-contact-orders-let-it-be-shouted-out-from-the-roof-tops/#comment-147 I spent five years on family court fighting for a contact order for my daughter. [Steve I've edited out most of the detail you have included here because I don't generally publish details of individual court cases on this blog. Lucy] I feel pretty sad because I love my daughter very much and i really look forward to my conatct weekends and I had fought so hard for her but I am left with no choice but to enter the courts again - which will be played out to my daughter as " your dad bullying me" to force you to go to contact". Is going for an enforcement order the right approach- I believe I have no choice if I want to see my daughter again. I spent five years on family court fighting for a contact order for my daughter.

[Steve I've edited out most of the detail you have included here because I don't generally publish details of individual court cases on this blog. Lucy]

I feel pretty sad because I love my daughter very much and i really look forward to my conatct weekends and I had fought so hard for her but I am left with no choice but to enter the courts again – which will be played out to my daughter as ” your dad bullying me” to force you to go to contact”.

Is going for an enforcement order the right approach- I believe I have no choice if I want to see my daughter again.

]]> By: familoo http://pinktape.co.uk/cases/enforcement-of-contact-orders-let-it-be-shouted-out-from-the-roof-tops/#comment-146 familoo Wed, 07 Sep 2011 21:05:54 +0000 http://legalfamily.wordpress.com/2007/10/21/enforcement-of-contact-orders-let-it-be-shouted-out-from-the-roof-tops/#comment-146 Has he considered applying for an order under s91(14) Children Act 1989 preventing further applications? Has he considered applying for an order under s91(14) Children Act 1989 preventing further applications?

]]> By: catherine http://pinktape.co.uk/cases/enforcement-of-contact-orders-let-it-be-shouted-out-from-the-roof-tops/#comment-145 catherine Wed, 07 Sep 2011 15:14:03 +0000 http://legalfamily.wordpress.com/2007/10/21/enforcement-of-contact-orders-let-it-be-shouted-out-from-the-roof-tops/#comment-145 One-sided as usual. What about resident fathers and nightmare mothers? My husband's ex-wife is a chronic alcoholic. She removed herself from the home when my step-daughter was 9 weeks old. She was completely incapable of caring for a child. She has since lived in rehab hospitals, supported housing and the gutter. She has not seen the child for 5 years and has never made any financial contribution to her upbringing. She has been granted legal aid 4 times to bring contact applications to court. The first time she did not maintain agreed contact, turning up drunk or not at all. The second time she did not maintain supervised contact, turning up drunk or not at all, The 3rd time she was only allowed indirect contact subject to certain provisos which she has not adhered to. Indirect contact has been inappropriate. She has now been granted legal aid for the 4th time for yet another contact application. My husband, after everything he has been through with her and raising the child alone, is now being dragged through the court process for the 4th time. After the past history he now opposes contact, even though in the past he has always tried to encourage and accommodate contact. He gets spoken to like a piece of scum by her poker-arsed, paid-for barrister and the court seem to pussyfoot around the mother and treat him like the criminal. It's absolutely disgraceful. There should be an end to this stressful and ridiculous cycle of contact applications. Where is the benefit to the child in all this? One-sided as usual.
What about resident fathers and nightmare mothers?
My husband’s ex-wife is a chronic alcoholic. She removed herself from the home when my step-daughter was 9 weeks old. She was completely incapable of caring for a child. She has since lived in rehab hospitals, supported housing and the gutter. She has not seen the child for 5 years and has never made any financial contribution to her upbringing. She has been granted legal aid 4 times to bring contact applications to court. The first time she did not maintain agreed contact, turning up drunk or not at all. The second time she did not maintain supervised contact, turning up drunk or not at all, The 3rd time she was only allowed indirect contact subject to certain provisos which she has not adhered to. Indirect contact has been inappropriate. She has now been granted legal aid for the 4th time for yet another contact application. My husband, after everything he has been through with her and raising the child alone, is now being dragged through the court process for the 4th time. After the past history he now opposes contact, even though in the past he has always tried to encourage and accommodate contact. He gets spoken to like a piece of scum by her poker-arsed, paid-for barrister and the court seem to pussyfoot around the mother and treat him like the criminal. It’s absolutely disgraceful. There should be an end to this stressful and ridiculous cycle of contact applications. Where is the benefit to the child in all this?

]]> By: familoo http://pinktape.co.uk/cases/enforcement-of-contact-orders-let-it-be-shouted-out-from-the-roof-tops/#comment-144 familoo Tue, 06 Sep 2011 17:39:46 +0000 http://legalfamily.wordpress.com/2007/10/21/enforcement-of-contact-orders-let-it-be-shouted-out-from-the-roof-tops/#comment-144 I sympathise. It doesn't always work as it ought. And we do need to look at ways to make it function better. However, I'm not sure I'd want to model any solution on the Child Support Agency! And I don't really see how you can have orders made by judges but enforced by an external agency - who reviews orders where there is a change of circumstances that means a child's welfare requires a variation in the order? The court does have the power to make enforcement orders and punish by fine, compensation order, unpaid work requirement, committal - but I don't suppose such powers would be any more effective placed in the hands of a faceless agency than they are in the hands of a court. I sympathise. It doesn’t always work as it ought. And we do need to look at ways to make it function better.

However, I’m not sure I’d want to model any solution on the Child Support Agency! And I don’t really see how you can have orders made by judges but enforced by an external agency – who reviews orders where there is a change of circumstances that means a child’s welfare requires a variation in the order? The court does have the power to make enforcement orders and punish by fine, compensation order, unpaid work requirement, committal – but I don’t suppose such powers would be any more effective placed in the hands of a faceless agency than they are in the hands of a court.

]]> By: Stuart http://pinktape.co.uk/cases/enforcement-of-contact-orders-let-it-be-shouted-out-from-the-roof-tops/#comment-143 Stuart Tue, 06 Sep 2011 12:39:30 +0000 http://legalfamily.wordpress.com/2007/10/21/enforcement-of-contact-orders-let-it-be-shouted-out-from-the-roof-tops/#comment-143 I have just read the article and have to say this is not my experience of the family court. I would be delighted if it was, sadly it seems that judges aren't prepared to push through when a contact order is being abused. I have hoped for some time the bullying and abuse I have had to endure would slow down after taking my ex to court, but no, it has made the matter worse and our children are fed the same lies as the judges who we have sat before. Surely there has to be a better way for the family court to follow through when a contact order is being so abused. What about having a 'Family Court Enforcement Agency'? This would lighten the work load on the family court system and parents would feel that there was some worth to the empty contact orders that they walk away with. I have just read the article and have to say this is not my experience of the family court. I would be delighted if it was, sadly it seems that judges aren’t prepared to push through when a contact order is being abused. I have hoped for some time the bullying and abuse I have had to endure would slow down after taking my ex to court, but no, it has made the matter worse and our children are fed the same lies as the judges who we have sat before.
Surely there has to be a better way for the family court to follow through when a contact order is being so abused.
What about having a ‘Family Court Enforcement Agency’? This would lighten the work load on the family court system and parents would feel that there was some worth to the empty contact orders that they walk away with.

]]> By: Tracy http://pinktape.co.uk/cases/enforcement-of-contact-orders-let-it-be-shouted-out-from-the-roof-tops/#comment-142 Tracy Wed, 31 Aug 2011 16:22:21 +0000 http://legalfamily.wordpress.com/2007/10/21/enforcement-of-contact-orders-let-it-be-shouted-out-from-the-roof-tops/#comment-142 Hi yes he already has a solicitor, they don't come cheap though! Havnt really got another 3k to bandy around at the moment which is why I was enquiring about the likelyhood of it being enforced if it gets breached to see if its worth commiting to spending yet more cash. Feel a bit cheated tbh as the M.O.A is worthless and he is still at the mercy of the mothers mood swings and doesnt know if hes getting the child come pick up time until he physically has hold of him which is the situation he is trying to avoid in future by a judge ruled contact order. Thanks for your reply. Hi yes he already has a solicitor, they don’t come cheap though! Havnt really got another 3k to bandy around at the moment which is why I was enquiring about the likelyhood of it being enforced if it gets breached to see if its worth commiting to spending yet more cash. Feel a bit cheated tbh as the M.O.A is worthless and he is still at the mercy of the mothers mood swings and doesnt know if hes getting the child come pick up time until he physically has hold of him which is the situation he is trying to avoid in future by a judge ruled contact order. Thanks for your reply.

]]> By: familoo http://pinktape.co.uk/cases/enforcement-of-contact-orders-let-it-be-shouted-out-from-the-roof-tops/#comment-141 familoo Mon, 29 Aug 2011 19:14:06 +0000 http://legalfamily.wordpress.com/2007/10/21/enforcement-of-contact-orders-let-it-be-shouted-out-from-the-roof-tops/#comment-141 Tracy, unfortunately I'm not qualified to give legal advice in respect of Scottish law and I don't give legal advice through this blog. I'm not quite sure from what you say whether your husband or the child (or both) is in Scotland or if one is in one jurisdiction with the other across the border. I suggest that your husband seeks the advice of a Scottish family lawyer or even better a dual qualified family lawyer. Tracy, unfortunately I’m not qualified to give legal advice in respect of Scottish law and I don’t give legal advice through this blog. I’m not quite sure from what you say whether your husband or the child (or both) is in Scotland or if one is in one jurisdiction with the other across the border. I suggest that your husband seeks the advice of a Scottish family lawyer or even better a dual qualified family lawyer.

]]> By: Tracy http://pinktape.co.uk/cases/enforcement-of-contact-orders-let-it-be-shouted-out-from-the-roof-tops/#comment-140 Tracy Mon, 29 Aug 2011 16:38:49 +0000 http://legalfamily.wordpress.com/2007/10/21/enforcement-of-contact-orders-let-it-be-shouted-out-from-the-roof-tops/#comment-140 Does a contact order apply in Scotland? My husband has a Minute of Agreement in place that the mother frequently breaches, after spending time money and effort getting the MOA sorted out, he is no further forward. After some digging on the internet I think the next step should be a contact order, but after what i have read dont think this may be worth it either if its unlikely to be enforced (and she will breach it) Any positive stories about contact orders, give some hope! Does a contact order apply in Scotland? My husband has a Minute of Agreement in place that the mother frequently breaches, after spending time money and effort getting the MOA sorted out, he is no further forward. After some digging on the internet I think the next step should be a contact order, but after what i have read dont think this may be worth it either if its unlikely to be enforced (and she will breach it) Any positive stories about contact orders, give some hope!

]]> By: Dean Schiavi http://pinktape.co.uk/cases/enforcement-of-contact-orders-let-it-be-shouted-out-from-the-roof-tops/#comment-139 Dean Schiavi Sat, 04 Jun 2011 10:25:51 +0000 http://legalfamily.wordpress.com/2007/10/21/enforcement-of-contact-orders-let-it-be-shouted-out-from-the-roof-tops/#comment-139 I think thats great Familoo and many thanks for posting. I am dealing with a sociopathic mother who has never considered her childrens feelings and has stopped contact at every possible opportunity. I am now taking steps for an Enforcement Order with a Contempt Of Court order attached so any subsequent breaches will be punishable by imprisonment. It may be small steps that the Courts are taking, but my guess is that as more and more precedents are set then it will become an avalanche I think thats great Familoo and many thanks for posting. I am dealing with a sociopathic mother who has never considered her childrens feelings and has stopped contact at every possible opportunity. I am now taking steps for an Enforcement Order with a Contempt Of Court order attached so any subsequent breaches will be punishable by imprisonment. It may be small steps that the Courts are taking, but my guess is that as more and more precedents are set then it will become an avalanche

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