When is the right time to go back to Court?
The short answer is: never.
No one really wants to go back to court and go through the emotional and financial strain again.
However, even the best-drafted orders do not always work out as intended. The most common issue is that one parent does not comply with the terms of the order, which the court refers to as a “breach”.
In my view, you should not rush back to court at the first breach. A “three strikes and you are out” approach is often more practical. Orders and new arrangements frequently have teething problems, and it can take time for everyone to adjust.
If a breach occurs, a short, polite letter to the other parent (or their solicitor, if they are still instructed) is often sufficient. This should express concern that the breach has occurred, state that you hope it will not happen again, and, where appropriate, ask whether there is anything that can be agreed by consent to make the arrangements easier to follow.
If the order itself is poorly drafted and causes confusion or misinterpretation, in other words, if it does not work “on the ground”, it may be sensible to suggest jointly redrafting it so it is clearer and more practical. Any agreed changes can then be filed with the court by consent for re-issue.
If a breach happens a second time, the response should be firmer. It should be made clear that while you do not wish to return to court, you reserve the right to consider doing so if the breaches continue.
If a third breach occurs, that is generally the point at which you should consider making a formal application to the court.
If you are simply seeking to enforce the existing order without changing it, you will need to complete a C79 application form. If you are also seeking to vary significant parts of the order, rather than just enforce it, you will need to make a C100 application.
Be aware that a C100 application effectively restarts the process. You will need to attend mediation and obtain a signed MIAM form, and the court will carry out safeguarding checks again.
It is also important to consider that going back to court carries no guarantee that you will end up with the same level of contact or arrangements as before. The outcome could stay the same, improve, or in some cases become less favourable. For that reason, you should carefully weigh up whether the inconvenience of ongoing issues is preferable to reopening proceedings that could ultimately leave you in a worse position than before.