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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 33279
Experience:  25 years experience of all aspects of family law
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My name is ***** *****. I am going to court FDA on the

Customer Question

My name is ***** *****. I am going to court for an FDA on the 21.3.16 my ex husband has not done his form E they had to be filed and exchanged last week. I have sent mine to the court. What is the best thing to do? My friend said do an application to the court to enforce it?
JA: Thanks. Can you give me any more details about your issue?
Customer: Just really what is the best way forward. My ex doesn't want to follow the orders, I think and I don;t want the first hearing on my fiancée to be a waste of time.
JA: OK got it. Last thing — Solicitors generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 9 months ago.
Category: UK Family Law
Expert:  Clare replied 9 months ago.

Hi

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Are you both acting in person?

Customer: replied 9 months ago.
we are
Customer: replied 9 months ago.
I just want to know what court form I need to fill in for the judge to consider as the quickest way for my husband to complete his form e.
Expert:  Clare replied 9 months ago.

You can write to the Court and ask that a penal Notice is attached to the original Order.

You will then have to pay for that to be personally served on your ex

If he then fails to provide the form you will have to apply to have him committed to prison for Contempt of Court

Realistically it is unlikely that this will ensure that the Form E is available for the first hearing simply because of the time factors involved - but that is not unusual and does not mean that the appointment will be a total waste

Please ask if you need further details

Clare

Customer: replied 9 months ago.
Thankyou. Do I just write to the court or do I have to fill a specific form in if I am asking for a penal notice and for the existing order to be varied?? If yes what is the name of the form/order?
Expert:  Clare replied 9 months ago.

You are not asking for the Order to be varied.

You are asking for a Penal Notice to be attached - the only variation will be a new date for the Form E being given.

There is no specific form involved.

IF the court plays up because you are acting in person then use a D11 and pay the fee - but try the letter first

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