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Breach of child arranagement order

  • MrBrown
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20 Jan 16 #472678 by MrBrown
Topic started by MrBrown
I have a child arrangement order with my ex that stipulates a shared care arrangement (50:50) with the children.

The order also stipulates my ex is responsible for collecting the children from school and looking after them until I get home from work on the days the children stay with me.

For the past two years my ex has threatened to ignore this arrangement to pick the children up from school for differing (conflicting) reasons. her latest excuse is she now has to work.

I tried to reach some agreement with the ex as I cannot afford the bare all the costs of the additional childcare on my own, as well as pay all the SM and CM

I''ve spoken to my solicitor about what can be done in this scenario, and she mentioned an application for the courts to enforce the order. I cannot afford to use her (upwards of 4K/hearing), and nor would it be financially efficient to do so. She said I could apply for costs, but family courts tend to be reluctant to award costs ?

So what can I do, can I apply to the courts for an enforcement order myself ? ...and if so what do I need to do and what is the process ?

Id rather not go down the path of using the courts but I don''t know how else I can get the ex to be reasonable about the child care costs.

  • TBagpuss
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20 Jan 16 #472682 by TBagpuss
Reply from TBagpuss
You could apply to enforce the order but your ex may then make a cross-application to vvary the order on the basis that she can no longer provide child care as she is now working.

If you are currently paying spousal maintenace then it may be reasonable to propose that this be reduced, if her income has incresed because she is working.

It may be worth asking her whether she is willing to meet you to discuss this, either proiavately or through mediation rather than rushing to court.

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