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[Solved] Served a Non-Molestation Order

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(@TheFather16)
Eminent Member Registered

Hi, hoping for some help.
Ex has refused to let me see the children after she left me. I have now applied for a Child Contact Order, but after she received her part of the letter she then went and got a non-molestation order without notice.

This has now been served on me, what shall I do now?

I plan on fighting it, please can you help with telling me the process?

Also very worried this will make the Child Contact Order harder to seek now.

Thank you

Quote
Topic starter Posted : 17/10/2016 4:30 pm
T135T0
(@T135T0)
Reputable Member Registered

Hi,

I am unsure how you fight it and the process but as far as contact is concerned, when i first applied for a contact order 2 years ago i got given a non-mol there and then in the court waiting room by the respondent's solicitor. As-long as the non-mol is with your ex and not your child you wont have anything to worry about as judges tend to want contact to go ahead regardless. However it also depends on why the non-mol was served, i got mine due to abusive messages via text and fb, thats why it was never a problem for me, there was no physical violence at all but if there is violence of that nature maybe judges will frown upon that a bit more and take it into consideration when making the final decision.

I hope that helps

Best of luck

Paul

ReplyQuote
Posted : 17/10/2016 7:53 pm

Mojo
 Mojo
(@Mojo)
Illustrious Member Registered

You should be given the opportunity of contesting the non mol in court, there should be info about this on the order.

You can write a brief position statement to take to court with you, explaining your side of things, stick to the facts and if you have any evidence/proof to,back up your story, refer to it in the statement and attach it to the back.

If the case can't be proved the judge may still ask you to take an undertaking, you can accept it as long as it states that you accept it without accepting the allegations made against you and ask for your ex to take an undertaking too. It's always best to stand your ground, but play it by ear.

ReplyQuote
Posted : 17/10/2016 11:26 pm
(@TheFather16)
Eminent Member Registered

Thanks guys. Any other advice would be appreciated.

So I should do a brief position statement, and then a further more detailed one later?

I was told not to attach exhibits to the position statement by a friend?

ReplyQuote
Topic starter Posted : 20/10/2016 4:30 pm

top tips to support your child after breakup

Mojo
 Mojo
(@Mojo)
Illustrious Member Registered

Strictly speaking your friend is right, but it applies more so for the child contact hearings.

Perhaps mention in the PS any proof you can provide to back your side of things but don't attach it, mention to the judge that you have it with you and ask if he would like to see it, if he won't look at it you can ask for permission to file.....It may not go to a further hearing though, if its not upheld it's likely you'll be asked to take an undertaking, as I mentioned before.

ReplyQuote
Posted : 20/10/2016 7:33 pm
 kel
(@kel)
New Member Registered

Hiya looking for some advice??,my partner has received a non molestation order but was hand delivered and not in a envelope is this usual protocaul for a solicito??

ReplyQuote
Posted : 17/11/2016 6:57 pm

how contact centres work

Mojo
 Mojo
(@Mojo)
Illustrious Member Registered

It won't have been the solicitor that served it, it would have come from the court directly and hand delivery is not unusual.

ReplyQuote
Posted : 17/11/2016 9:03 pm
(@TheFather16)
Eminent Member Registered

Yes for some reason the papers do not go in a envelope.

ReplyQuote
Topic starter Posted : 18/11/2016 9:07 pm

actd
 actd
(@actd)
Illustrious Member

I'm guessing here, but it could be that the person serving needs to confirm what papers were served in case your partner said it was something else. I'm also guessing that it's on legal paper, which is larger than A4

ReplyQuote
Posted : 19/11/2016 3:24 pm
DJBMUFC7
(@DJBMUFC7)
Eminent Member Registered

I got served one today and it's full of lies and not one person has even been to see me talk to me about it or any of the allegations that are in the order, plus I want see my daughter but how do I go about it with this order coming today,,

ReplyQuote
Posted : 13/06/2017 8:55 am

top tips to support your child after breakup

leydan
(@leydan)
Eminent Member Registered

You were severed a non mol because of contacting her against her wishes (i got mine due to abusive messages via text and fb) . I think the police call it harassment and you could be arrested.

Best to leave it alone and not breach the non mol...The non mol should tell you what you can and can not due.. if there is a problem or conflict of interests with the contact for children ... the only option is court... family court do not like abuse if it is proven.

If you can prove you have not contacted her or breached the non mol it may be removed .

I hope others can assist you

ReplyQuote
Posted : 13/06/2017 7:01 pm
Yoda
 Yoda
(@yoda)
Famed Member

Do not breach a Non-Molestation Order. The mother will have had to provide the court with a statement to obtain this order, and you will be given an opportunity to oppose it's continuation.

My advice is to respond to her statement point by point in a statement of your own and attach any evidence you have, to the back of your statement. There will be a return date for a hearing and this should have been given to you along with the order.

It's possible the court may combine the proceedings with the children's matter, so be prepared to discuss this as well.

Good luck

ReplyQuote
Posted : 14/06/2017 10:32 am

how contact centres work

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