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What happens when a court order is broken?

What happens when a court order is broken?

Postby bellden » Fri Jun 15, 2012 4:40 am

My partner has a court order to see his children every other week from friday to sunday on an overnight stay. His ex is now saying that he can only see his children every other week for an hour supervised by her. the trouble is there is a lot of animosity between them and there is a court order stating that he has the children every other weekend over night. When the court order was made, my partner was single and entitled to legal aid. Now the two of us are together and I work so we are no longer entitled to legal aid and going back to court is no longer an option for us as we just do not have the money. I wish this were not the case! My children and I have a really good relationship with my partners children and would really like to continue this! And so would my partners children. We just don't know how to move forward.
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What happens when a court order is broken?

Postby baigh » Fri Jun 15, 2012 4:48 am

This has been a problem for ages. If your partner's ex breaks the court order, in theory she can get fined, in practise absolutley nothing will happen to her.
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What happens when a court order is broken?

Postby shen86 » Fri Jun 15, 2012 4:54 am

Any person who breaches a court order is in contempt of court, and could be summoned back to court to explain why they breached the order, and could be imprisoned for contempt. This imprisonment for contempt can be ended by seeing the judge and apologising for the contempt. It can theoretically go on and on.

In reality, where children are concerned, a judge would be reluctant to jail a parent, as this is no good to the child, but don't put that temptation in his way.

The best way forward in family matters is to put animosities aside and come to agreements between yourselves without going to court. It is cheaper, it is friendlier and better than than any alternative.
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