Enforcing a penal notice

I’m in a situation where I need to enforce a penal notice attached to an order to transfer property (items) to myself.

history: left marital home 19 months ago with police help due to dv. Left all possessions behind and have been fighting for them back ever since. Police couldnt help, social services tried but failed, I tried through the civil court which led to a judgement and bailiffs but that failed as well. I then applied for a property adjustment order as part of the divorce. He was ordered to return my possessions and those of the children 12pm 25.3.23. He failed to comply. He has failed to respond to any paperwork or hearings and at the last hearing the judge applied a penal notice.

Any idea how I actually enforce the penal notice? I’ve been told to use form d50k but it doesn’t seem relevant as it’s actual items and not money. It also doesn’t have the option to consider committal, which is what I’m wanting since I’ve already tried the bailiff route and he doesn’t work.

Everything I read says that it doesn’t very often come to this because they always comply in the end.

many thanks

When an order of the court is ignored you apply for a penal notice. When that is ignored you apply for a committal.

As a committal to prison deprives a person of their liberty the rules for the application are stricter. You need to apply to the court and obtain an order, the order then needs to be personally served upon the defendant and the matter is listed for a hearing. Prior to that hearing the respondent can purge their contempt of court by complying with the order - or will be allowed a period of time to comply.

It's messy and expensive although you can apply for the defendant to pay your costs of the application.

The Family Procedure Rules will give you some idea of what is involved www.justice.gov.uk/courts/procedure-rule...to-contempt-of-court

It would appear that form FC600 is what you need although I am not completely sure and I'm not sure what the court fee would be.

assets.publishing.service.gov.uk/governm..._1021_save__002_.pdf

Charles