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History: Home UK Divorce Forum
Topic:
Breaching Court Order (10 Posts)
Started By:
Date:
14 November, 2017 10:33AM
Breaching Court Order
anondivorcee - 14 November, 2017 10:33AM
Hi all, divorced in 2016, and it was stated in the Court Order that ex has to pay for our youngest son nursery until he starts primary school but ex contacted nursery to say he is unable to pay in December because he is changing job (yes, not out of job!). Nursery offered him to pay in two instalments but he is looking to suspend our son's place in nursery. He seems breaching court order is no big deal, esp. so close to Christmas. He thinks by the time I take this matter to court, he can reinstate my little one's place to get himself out of the legal trouble. Unfortunately, he seems doing it to cause me inconvenience and unnecessary stress.

1. When do I take action (after my son's place is suspended?) My son cannot go to nursery the next day after the due date.
2. Am I able to recoup the legal costs from him should I have to enforce the court order via court?
3. Would court ask him to disclose his financial details in order to determine the outcome? I cannot see he has good reasons for breaching.
4. Or is it a waste of time taking this further? How likely that I will get positive outcome if I pursue?

Thank you.
Re: Breaching Court Order
jill_of_all_trades - 14 November, 2017 05:10PM
The man is an idiot. The nursery is a business and probably has a waiting list. They cannot be expected to hold open a place for your child and exactly how are you meant to work/do whatever in December with a child in tow? Go in, show the manager the court papers and tell him/her you are seeing a solicitor immediately to try and ensure continuity of payment.

Then get your solicitor to write some sort of warning letter detailing the consequences of the loss of the place.
Re: Breaching Court Order
anondivorcee - 14 November, 2017 05:54PM
The nursery has already got a copy of court order, however, if ex is in breach of order, I have been told this is between me and him. The nursery said that my son cannot go in if they don't get the fee after due date. Ex now is messing about, saying he will confirm on the due date, so this leaves me little time to make alternative arrangement if it happens or take action against him legally now as he is not breaching yet.
Re: Breaching Court Order
jill_of_all_trades - 15 November, 2017 10:47AM
Your child is young. Mine are in their teens and twenties. Essentially it was easy for me to take the decision to not rely on ANYTHING that the ex promised. I have given up on co-parenting and do my own thing. In your shoes I would go to a solicitor and say that the threat to breach the court order - sounds like the nursery money will magically appear on the due date - is interfering with your peace of mind. I am sure there is some almost standard form of letter for this type of behaviour. Get it sent and then work on finding ways to manage the nursery fees yourself if necessary. Yes it is wrong you should have to be the only person doing the right thing parentally but in my experience that is easier than chasing after a prat.
Re: Breaching Court Order
davidterry - 15 November, 2017 12:47PM
>>it is wrong you should have to be the only person doing the right thing parentally but in my experience that is easier than chasing after a prat.

There is a lot of truth in that .....
Re: Breaching Court Order
anondivorcee - 15 November, 2017 02:33PM
David, are you able to give an idea on the below? Or the court order has little power to protect my little one afterall?

1. When do I take action (after my son's place is suspended?) My son cannot go to nursery the next day after the due date.
2. Am I able to recoup the legal costs from him should I have to enforce the court order via court?
3. Would court ask him to disclose his financial details in order to determine the outcome? I cannot see he has good reasons for breaching.
4. Or is it a waste of time taking this further? How likely that I will get positive outcome if I pursue?
Re: Breaching Court Order
davidterry - 15 November, 2017 02:54PM
>>Am I able to recoup the legal costs from him should I have to enforce the court order via court?

Yes, assuming he has the means to satisfy such an order.
Re: Breaching Court Order
anondivorcee - 20 November, 2017 09:46AM
I want to ask if this will be a straightforward case should the breach happen? Which court will it be used to deal with this breaching order? Thank you.
Re: Breaching Court Order
anondivorcee - 22 November, 2017 10:24AM
Any advice or knowledge will be much appreciated.
Re: Breaching Court Order
EclipsedMind - 29 November, 2017 03:54PM
I googled "How to Enforce a Financial Order in a Divorce Case" and from what i can see of the results perhaps a Judgement Summons would be the way to go once he misses the payment. I would be inclined to let him know that this is what will happen if he defaults on the payment.

Em
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