[Solved] Non molestation order

Well I don’t think it could of been done that urgently as I have now been away from her 7 weeks and haven’t had a thing. She only made my mum aware of it yesterday.

Will I get a chance for an undertaking? If not I will have to fight this non mol I think

hi,

I just did a quick scan of legal sites and they are stating that a non-mol does not automatically prevent you from seeing your child. It depends on what conditions are laid out in the non-mol.

there is nothing preventing you from making a c100 application for a child's arrangement order. It's quite common for a non-mol and c100 application to be running at same time.

I would suggest you take whichever route will let you see your child as soon as possible. if undertaking is the quicker option, then maybe it's better that you accept an undertaking.

I am still waiting for this non mol to arrive, it’s been over 2weeks now. Should it take this long?

The courts have a bit of a backlog at the moment so the non mol may take a while. However, it only becomes effective when you have been served with it ie the courts know you have it. Courts may serve it by hand, using a bailiff or email or post. How were you made aware of it? If it was her mum then that isn't an effective method of service. Two weeks is a long time though - are you sure one was made?
You need to know what the non mol says. Often they say no contact except for the purpose of arranging child contact.
There are support organisations for men who have suffered domestic abuse - there is no shame in admitting that and its surprisingly common. Try Mankind and they may suggest local organisations who can help and advise. Your local council may have a One Stop Shop and they will have contact details too.

Who has actually told you that you are getting a non molestation order? If you havent done anything wrong i wouldnt be accepting a non mol or an undertaking. A undertaking wont cause you problems with your job , however it can paint you in a negative way throughout the family court process and to family members as fairly often its almost implying you have done something wrong

My mum messaged my ex about me seeing the baby and she replied.. when I got the non mol in place to make sure my son gets returned to me, I don’t know you will hear from my solicitor. I assume one was made don’t think she would just say that but it just seems to be taking a long time which I find strange. I’ve spoken to a councillor after leaving my ex but don’t see what speaking with other organisations will do I just want to forget about the whole ordeal.

Your ex partner has no clue about the process. You arent getting a non molestation order.

She wants to go to court and get a court order which states Child lives with mum and spends time with father.
Mum is getting anxious thinking just because a dad wants to spend time with baby they wont return and keep them so then mum has to take you to family court etc. Its best to get a c100 submitted for contact and agree that child/baby lives with mum and spends time with dad in return for good contact arrangement . I can understand with child/baby been young this would be built up slowly of course.

Also you could get your mum to mediate for you. you can go to court and agree things and court will just write up an order. especially the lives with / spends time with issue that is outstanding

Basically she had me arrested the day after I left her which was over 9 weeks ago stating 2 forms of assault and 1 criminal damage. I was released without charge the same night. Since that I asked through my mum on a few separate occasions if I can see the baby to which she would reply no. Then we asked again just over 2weeks ago and she mentioned the non mol order and the message went on to say numerous times I have assaulted her putting the baby at risk and now her daughter needs councilling because of me which i guess is what she would of written to the court to get the order. I got in touch with a solicitor a week later as I thought the non mol would have arrived but nothing. The solicitor gave me some advice but said I can’t really help with the non mol until it arrives but she said to contact my ex through my mum and to say that I would be taking it to mediation. I have done that and she replied ok. Just had another message from her again saying she is not willing for me to have the baby because of my violence and aggression and already putting my son at risk to many times but no mention of the non mol order from her this time. Im willing to have supervised contact with my son to prove myself and to progress from there as all I want is him back in my life, even a small amount of time with him would mean the world to me right now ? I’ve been suspended from work because of all this and am still on suspension. just feel totally useless!

It doesn't sound as though she has applied for a non mol. The court would have sent you a copy of her statement and application by now. Even if a non mol was made without giving you notice, you would have a copy of the order with her statement and details of a return hearing date so you have the chance to object. It seems that the only way to see your son may be by making an application on a C100 form.

I think you should get a c100 form submitted ASAP. it can be done online and pretty straightforward. If you have not had a mediation meeting, you should look to get that booked, as you need permission from a mediator to submit the c100 application.

She has just replied again and said that she has been informed that she is exempt from mediation. Do I still have to try mediation now even though she is exempt or can I just do the c100 form?

hi, you should book a MIAM (Mediation information and assessment meeting). you should be able to book one for under £100. If you tell them your situation then they will decide whether mediation is suitable for both of you. If not, then they will give you permission to file a c100.

here is more info on it: https://www.nfm.org.uk/about-family-mediation-services/what-is-a-miam/