Thanks @Pj66 . Really confused what option to go for. Can you also use a c2 to enforce instead of a c79? My intention is to view what I have as an interim consent order. To fight for it to be enforced ahead of the Review Hearing in August where the judge can direct us to a final hearing seeing that this interim order is not fit for purpose.
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Make a C79 Enforcement Application or not? Stick or Twist?
- Thread starter mikeayo1891
- Start date
I have not gone through this yet and still in the process, perhaps someone else will be able to clarify,
But from my perspective, you could use the c2 for a directions on the typo and vagueness of the order, claim you feel it's being used by the mother to breach, (technically as the wording stands, she isn't breaching if all contact with any parties is to be agreed between parties?)
Then ask for it to be amended and get the judge to confirm it as an interim order for a final hearing in August, which you would then use as an opportunity to get a final order more suitable. Ask for the wording to be more specific and have it corrected that it is indeed an interim that was agreed by both parties.
It would then be like a "pseudo" enforcement hearing , without the slap on the wrist to the mother but may still make her clean her act up as she will be concerned you could vary and get more in the August hearing, and also shows you are not letting up on the pressure.
I do really feel that a barrister may be necessary for you here though mate as it's now getting complex, I can see her barrister trying to railroad this again.
Im just spitballing but il let someone else jump in on this.
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What did you decide in the end? And if C2 has the hearing been and gone?
Went for a C2. Been just over a month now and still awaiting a hearing. Important to note that as part of my CAO process I already have a Review hearing (independent of this C2) scheduled for the end of Aug. That hearing is reserved to the same judge who presided over my last hearing. Fortunately or unfortunately this recent C2 application has been automatically reserved to that same judge (because the case is related). The problem is that i understand that this judge is not permanently situated in this particular court, she comes and goes. My suspicion is that she doesnt see my c2 application as urgent or necessary considering the fact that my Review hearing is in about 2 months time and is probably thinking of lumping the C2 with the Review hearing and resolving the matter all in Aug. If that happens i hope i get my £185 c2 application fee back cos thats really unfair.
Thanks for that.
I was led to believe that a C79 was the way forward for me. I submitted an application on 10th May and have heard nothing so I emailed the court again today and they said that I hadn't paid any money and anyway because my case isn't closed I need to submit a C2!
I sent proof that they'd banked my cheque - £255.00 - on May 16th and pointed out that the advice on a C2 being the way forward would have been useful five weeks ago. They didn't even know they'd banked my cheque. It's poor.
Now I'm not even sure whether to make a C2 application but I think that once the information on her behaviour is in the system I can highlight the breaches, even if it doesn't get a hearing before my DRA. If it helps my case it might be worth the £185.00.
You did suggest to another member on another thread that a C2 would be the way forward over a C79 but I pushed on with a C79.
Yeah C2 is the quicker and correct option gor enforcement or any other concern while the case is still ongoing. C79 is for enforcement after the case has been closed / after a final order has been made. I believe the reason for my delay is bcos case was reserved to a specific judge (who works only part time in my court) rather than thrown open to other judges who have more capacity/space to take on the case.
How is it going, did you get your hearing date?
I had a C2 enforcement hearing and a refund for different blunders. If I'd paid for what I got I wouldn't have felt it was worth it.
Just had it yesterday. Terribly biased female judge i cant even begin to explain. Maybe when I gather some strength later today.
I need advice on how to ask the judge to recuse herself from all my future hearings.
