Enforcement applications don’t work.
I hate to be the bearer of bad news and all. Because it’s a pretty grim statement isn’t it? Enforcement applications quite simply don’t work.
The ex won’t talk to you. They won’t respond to emails, texts, letters or anything else. They didn’t turn up to mediation. Or maybe they have – and they have advised you that you’ll never see your kids again and if you don’t like it you’ll have to go to court.
Which makes it nice and simple. Hey ho! It’s off to court you go.
You’ve paid your £215. You’ve possibly paid a solicitor. Or your friendly McKenzie Friend. You’ve taken the day off work, possibly driven a long distance to a hearing. Where you have convinced a court to make an order for contact. Something. Anything.
And then after all that the ex decides to break the order.
But that’s OK. Sorta. OK, OK, it’s another £155 but hey…the ex will get a rocket when you put that enforcement application in won’t he/she? Eh? Eh? Contact will resume, order will be restored and it’ll be all good.
Statistically you have around a 1.5% chance of your enforcement application succeeding. For the non mathematicians among you that’s around a 1 in 66 chance. Chances are you’re going to be on of the 65. So sorry…
You’re stuck with an order that cost you £215. For that price you’d get around 200 rolls of Andrex and they’d be more absorbent than the 2-3 pieces of A4 you have.
Enforcement doesn’t work.
What more typically happens is that your application morphs (or is hijacked if you want to be uncharitable) into a variation by your ex. It’s a truth universally acknowledged by court staff. Here’s a list of what happens:
- You get a court order.
- The ex breaks it.
- You apply for enforcement.
- The ex says he/she broke the order because it wasn’t working.
- The court varies the order (quite often with a reduction of contact).
If I were a horrible cynic as opposed to the optimistic, philanthropic soul that I clearly am I’d say something like `Well – if you are a resident parent who is hostile to contact and don’t want to pay the fee yourself all you need do is break the order and then get a variation to reduce the level of contact closer to what it is you want (i.e. none)’.
But I won’t. Because that’d be monstrous wouldn’t it now?
So are we clear?
Enforcement applications don’t work so isn’t worth making them is it?
Nope. You absolutely should go for enforcement.
Whaaaa?’ I hear you say. `What’s the point. You’ve said that it’ll cost me money for an application that almost certainly won’t work and I’ll likely end up with an order that provides less contact than I had before haven’t you??? Make your mind up!’
It’s a fair point.
Enforcement applications are still worth making.
There are very good reasons why you should make an application for enforcement if the order is materially broken.
- If you have no or reduced contact you likely have nothing to lose (apart from the application fee, time, effort and stress of course). Your options are to suck it up or do something.
- If you do nothing you’ll likely be told down the line that you were obviously A-OK with it. Because if you weren’t you would have made an application wouldn’t you? The ex will be able to argue that it was an agreed change of arrangements because you’ve come to an amicable agreement.
- If you do so you’re making it clear you don’t agree with what has happened and you are building a narrative that court orders are broken. And that the existing arrangement needs changing. Possibly a change in residence because the current resident parent can’t be trusted to support contact?
In short it’s absolutely worth making an applications for enforcement. But do it in the knowledge that you’re doing it as part of a long term strategy to get the order that is in the best interests of your child. In the short term you’ve got to be prepared to keep banging your head against a brick wall or just giving up.
What’s it to be punk?