breach of order by ex's sol

My ex-sol are happy to hold the passport. I have got confirmation but the ex's sol are still refusing to handover the p'port as per the order...

So it looks like either I give up or the court.. Why why why?

Thanks for your comments and help.

Hi
In your shoes??? I would do this


Write to the solicitor who will not hand over the passports and say......

As per court order dated blah blah, you need to post the said passports to xyz, who have confirmed they are happy to hold them. Failure to do so,within seven days from the date of this letter, you give me no choice but to apply to the courts to enforce the order. As your client is clearly NOT complying with the said order.
Please inform your client that I shall be seeking costs against her/him for their non compliance with the court order!

Dont forget that solicitors are working for their client and its the client who will be held responsible for any actions their solicitor takes. In other words the solicitor is acting on behalf of their client, so the buck stops soley at their clients feet! In other words its the ex who wont release the passports not the solicitor. The solicitor is acting for the client. (this is what they will say anyway!)

You feel tired?????????? Come on matey you have the best legal help from this site available DONT let the b******s grind you down! They do half they do so you give up! DONT!!!!!!!!!!!!!!!!!!!! Your'e better than that!
Kind Regards
Louise

Louise, You are a star in keeping up my and other's chin up!

I have written to the ex's sol (I missed out on explicitly saying that their client is ultimately responsible as you pointed out)... Then my ex sol, XYZ, wrote to them but that was turned down as well...

So I guess I will write one more letter as per your suggestion and go for it...

Would you or anyone else know exactly what forms to fill in to take them to court on this issue of breach of order? Is it a C2? Would the court staff advice me on this?

Thanks again.

I'm flabbergasted that if XYZ have written to your ex's sols saying happy to hold the passports then they are refusing to hand over. That indeed sounds a flagrant breach of the order. Yes, it would be a C2. And make sure you say that you are claiming your costs in the application. Also exhibit correspondence to show that XYZ happy to hold the passports and written to your ex's sols to confirm. Louise gave great advice - as well as giving them 7 days, you could also draft a C2 and attach it to your 7 day letter so they are aware that you are taking this seriously.
Good luck getting it sorted.

Hi Familylawyer

Thanks for you response.. and is a great help...

Just want to check one more avenue about tackling this issue. Someone mentioned to me that I could write to the Judge (or his associate) directly for a 'paper application' which means that he clerifies the part of the order... Which one is better approach - writing to the judge or C2?

Thanks

Hi

You need the C2 to make the application and you ask that it is considered as a paper application without a hearing - confusing I know!
Amanda

Hi Amanda

Thanks for this... I am a bit concerned about going back to court (even the paper hearing without attending)...

Is there any chance that the other side may want to re-visit the case again and rework the order? That would be disastrous.. I am so -ve about the court system after 5yrs of 'fighting'...