Hi DL or anyone else that has had experience of this, just wondered if you could answer this for me

Just received a copy of the bundle which is going before the court very soon. My husband's Ex's solicitor will have received theirs on Monday.

Brief outline
Husband's ex left 2003 - court order 2006
Usual trigger points death-remarriage etc.
Ex has been constantly trying to vary the court order, even as much as trying to add clauses and conditions to it.

I wonder if you could let me know how judges deal with court orders that have to be returned to them for enforcement?

First of all does this get put before the same judge, or the judge that is sitting at the time of receipt of papers. Would he read it all through, like a book?
How would he ensure that the court order is adhered to the second time around?

The files have been sent to a barrister and their recommendation interpreted into the statement.
It sounds good, but obviously I am reading it from my husband's point of view and know all that has happened.

Just interested to know from those 'who do' what exactly the procedure is and what to expect.

Thank you in anticipation

zara

Hi there

It is unlikely for a consent order to go back before the same judge, as it usually serves no purpose - a judge would not recall approving a consent order. However, if it is enforcement of an order made after a final hearing quite often the courts endeavour to get it back before the original judge as he or she heard the evidence that lead to the decision, and therefore a return can be useful.

In terms of whether a judge reads the bundle like a book, erm, most often not...sadly district judges do not have reading time allocated in their day (unlike a circuit judge who will make an order that a trial starts on Monday for X days, but that Monday is set aside for reading time and has to be presented with an essential reading list).

District judges tend to rely on the skeleton arguments for putting forward the relevant facts and to draw attention to the most pertinent elements of the evidence, which is why a decently drafted skeleton is very important in a final hearing.

In terms of procedure of the hearing, the applicant opens, setting out the relevant facts for the judge, and then calls the evidence, which is the applicant. The applicant's rep takes him or her through the evidence, and the applicant is then cross examined by the respondent's rep. The applicant's rep then gets an opportunity to re-examine (what we call "clearing up the mess") and re-examination is limited only to matters which arose in cross examination (hence what we call it!).

The respondent then goes through the same procedure, and then both parties get to sum up. The judge then gives judgement, but if it is a long or complex case quite often the judge will adjourn for judgement so that he or she can think about what to do.

In terms of enforcing an order, the judge simply does that - that X party will do Y by Z date. He can chose to attach a penal notice to that requirement if he thinks it is necessary. If the enforcement is of the transfer of the property, the judge will say that X party has to do it by Z date or that he will, as a judge can sign a TR1 if necessary.

Hope that answers your questions.

Amanda

Hi Amanda,

You set that out beautifully, many thanks, easy to understand. It really helps if you just have an insight as to procedures.

My husbands soliciors have asked for his costs to be paid by other side too. Not sure how often that wish is granted.
Someone said if you have to take someone back to court when there obviously was no need you are more likely to get costs awarded.

Your time much appreciated.

zara

Hi there

On an application for enforcement costs usually follow the event, which means that if the application is granted a costs order usually follows. However, for costs to be awarded the applicant has to have done everything s/he was required to do under the terms of the order.

Amanda

Hi Amanda

That is the funny part, he has tried and she has blocked all his efforts, the amount of letters in the bundle saying NO NO NO!!!! She wont, Want to add this, want to add that.

We have loads of letters of attempts and offers from his solicitors And all the lies and attempted inclusions into the court order from her and her solicitor. I am no legal beagle, but I get the gist of the court order conditions, if it were not so desperate it would be hilarious.

So, even if we do not get costs awarded to us, it will at least bring it all to an end, which is what we want.

Thanks Amanda, will add to this post when it has all been dealt with, in the hope that it might give others insight as to what happens if a) you default and b) how things will turn out if you take it back because of default.

Cheers
zara

Just a quick up-date to this.

Yet ANOTHER letter received from other side's solicitors trying to vary the order, even though within that letter is a statement that they agree with paragraph 1 in CO. When you look at paragraph 1 in the court order, it clearly shows that they are not.
I am at a loss to understand the ex's solicitor,I am sure that they are not reading things through properly and double checking that their statements and claims are in fact correct. I find it quite disturbing that a solicitor can allow their client to blatantly flout their obligations, agreed and stamped by the court.

I know that in a fit of frustration once, my husband told his solicitor he was thinking about NOT paying the mortgage,she soon put him in his place. 'The judge would not be impressed with that' so he paid and always has.

They are still arguing the distrubution of the money, which is clearly set out in the court order.

The application has been submitted to the court and it is my thought that they will be, at the eleventh hour, going to back down. This practice of stringing matters out,letting their client conduct a completely useless and unecessary campaign is one that should not be allowed.
A solicitor can read a court order and should advise their client as to exactly what it means, unless of course they do not understand themselves.

Some of the financial errors on their part is laughable. They just pick a number out of the sky, double it and assume they are right.

Amanda, they have said that she now does not want to pay for court costs. Do these court costs start with the actual application to court, ie,consulting a barrister etc?. Would she be liable for 'abortive' costs if they did indeed back down? If they thought they had a solid case they would just let it go to court. By them not doing so it would suggest that they know they do not have a chance, so have needlessly taken this to the wire.

I would recommend that anyone having problems with ex not complying with a court order take it straight back to court, immediately. The money that is spent on useless, unecessary correspondence would be better spent instructing your solicitor to take the steps to refer it back to court.

The green eyed monster from the land far far away is clinging on to the last second. She will have spent a fortune on solicitors too, but still carries on!!!

zara

ps hope you had a great birthday.

Hi Zara,
I wonder by peeps not backing down whether in the end it comes down to pride .Winning at any cost.In my case it looks very much like it.Cannot let wee ,clueless wife win over powerful businessman,forgot about my contributions!
will be watching the outcome.
good luck