penal notice?

Hi I have received a letter from the courts saying my ex has not complied with a previous order to produce his financial disclosure and they have attached a penal notice, they have given him 2 more weeks to produce or he faces arrest and possible imprisonment! is this just to rattle him or would the courts really take it that far! Our FDR was a waste of time as he had not produced any documents at all, as he has failed again how do I stand with costs? we have our second FDR in 5 weeks and have no chance of making any offers! thanks for any advice x

Well they will send him costs for these hearings are you legally aided? Is your partner working full time? He will have to attend otherwise he will be arrested

Did the court attach the penal notice of its own volition or did you apply for the notice?

If the former, there is a possibility that the court will find him in contempt at the next hearing and send him to the cells. A couple of nights in prison can really focus the mind.

If it was you who applied for the notice, you can apply for his committal to prison. This will involve additional cost and also personal service of the application on your ex.

Either way, it looks as though the court is taking the bull by the horns which is a good thing as these matters can drift on when one party is acting like an idiot.

Charles

Hi thanks for the replies, No I did not apply for the penal notice the court sent me a copy letter attaching a penal notice for non compliance, so hopefully the courts will follow up on their notice at the next hearing as my stbx is adamant he wont produce, i find this unbelievable as he is the Petitioner, he claims he is homeless but admits he runs two businesses!!! prison may not be much of a threat to him, its his second home! x