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Court orders

  • Zara2009
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25 Jul 08 #35147 by Zara2009
Topic started by Zara2009
Can anyone answer this?
Why do solicitors have no power to enforce the contents of a court order. Surely if an order has been made by the judge any rulings should have to be carried out by either party.
My husband has carried out all his obligations, she has not complied with her side. My husband's solicitor does not seem to be able to do anything. My husband has asked on several occasions to take this back to court, but they dont seem to want to know. So now it has cost another £2000 writing to and fro letters and still have not got anywhere at all. What exactly is contempt of court and how would this work if it was taken back to court? It is costing him so much money that he will not be able soon to carry out his undertaking to the court by paying the mortgage (2 endowments that she has delayed for 3 months and 5 months to sign) these are one of the points in the court order that had to help clear the mortgage. Can he let the court know about his inability to pay, would they take any notice of his dileamma. Just so confusing.
Any help would be grateful.
PS. court order made 2006

  • LittleMrMike
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25 Jul 08 #35150 by LittleMrMike
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First of all, it is only Courts who can enforce their own orders.

Solicitors can apply to the Court for a formal order directing a party to comply with the order, with penal sanctions if the order is ignored.

Unfortunately one gets the impression that in a disturbingly high number of cases, there seems to be a reluctance on the part of the Court to take a hard line against people who fail to comply with the rules and to enforce its own orders.

There is no reason to send defaulters to prison ; all that is needed in most cases may be a warning that, if one party does not supply information, within a given time, the Court will proceed to make its adjudication on the basis of the information it already has.

Mike

  • attilladahun
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25 Jul 08 #35151 by attilladahun
Reply from attilladahun
What you don't say is explain the breech
Courts enforce orders every day
In fact was in Court recently where H had failed to put up FMH on market and Crt ordered the same and made other spouse to pay £1250 in costs

  • maggie
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25 Jul 08 #35166 by maggie
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attilla - is there a difference between what the court can do to enforce a Consent Order after the FDR hearing and what it can do about enforcing a court order from a Final Hearing?
Is a pension sharing Order a court order - is the court responsible for ensuring it's carried out?
Do court orders have a sell by date if there's none stated in the order - ie can they lapse/become unenforceable after a given interval?

  • Zara2009
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25 Jul 08 #35167 by Zara2009
Reply from Zara2009
Hi Mike
I think your impression is right there does not seem an enthusiam to carry through and take a hard line against the party that does apply. This case has dragged on at least two years more than it should. I just wondered if we had any come back on the solicitor as going back to court was what my husband asked for long ago at the first default. He was advised not to and that action has caused a domino effect.

  • c.dominic
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25 Jul 08 #35171 by c.dominic
Reply from c.dominic
well what id like to know is what will happen to your hubby if he does stop paying mortgage.... maybe that would make exw get her act together and comply with the order?

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25 Jul 08 #35173 by Zara2009
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This is what he cant really chance, not paying the mortgage, but it might happen if we run out of money. If he does not pay and it goes back to court, he will be seen as defaulting. Just cant win. He has paid on time for the last five years and in full with not one penny from exw for endowments, installments any of the bills towards the two children he was looking after. And she still sits there dictating his life and not complying with the court order. Some people just seem to get away with it. The house still has to be sold, (and in this market!!) so he will have to keep plodding on until then. I did say not to pay and that might get her going. It is hard to know what to do. His first solicitor with that firm was mysteriously made 'redundant' and now the one he has is frustrating, he has tried for three weeks to speak to her, and yesterday morning he got another bill for £2000 What the hell for????

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