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Advice on Non-Mol O...
 
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[Solved] Advice on Non-Mol Order

 
(@DadInDespair)
Active Member Registered

Hi guys,

Ive recently split from my partner. We were due to be married in December. I called off the wedding a few weeks we before I called of the whole relationship. I knew that I didn't want to marry her, but wanted to try and fix our relationship, unfortunately, the relationship had been dead for a few years.

When we split, she put loads of conditions on me seeing my kids, saying I had to see them in the house with her there, that I couldn't take them out of the house or see them with my new partner.

After a multitude of messages, from me to her, asking to see my kids, its seems she has filed a non-mol order against me. the majority of the allegations are from me messaging her, in complete despair about not being able to see my children.

She said in one message " I have seeked legal help and been adviced to stop all contact until further notice".

As you could imagine, this left me with countless questions, I asked her to get her solicitor to call me, to let me know what was going on, and to be honest, at this point, I didn't believe a word she was saying, and id have been a fool to ignore seeing my kids on that sentence alone.

Im here for advice on how to best move forward. Ive read up this forum so much and thought you guys were the best company for me to be in right now.

If you need any more info feel free to ask.

Thanks in advance guys.

Quote
Topic starter Posted : 19/11/2019 10:29 pm
(@dadmod2)
Illustrious Member

hi,

looks like the only thing you can do is make an application to the court. form C100 for child arrangements order. in the application mention the NON-MOL that your ex has placed on you. and this can get sorted out from there. am very sorry to hear this, but this is going to be an annoying process for you, seeing as your ex will not budge now.

before making court application you will need to attend a mediation. you can book a video call with a family mediator for under £100. explain your situation. they will most likely decide that there is no point in continuing mediation, and will give you permission to make court application.

form c100: https://www.gov.uk/government/publications/form-c100-application-under-the-children-act-1989-for-a-child-arrangements-prohibited-steps-specific-issue-section-8-order-or-to-vary-or-discharge

please book appointment with these people: https://www.supportthroughcourt.org/

they will sit with you and fill in the application form for free. but you will need to pay £215 to make the c100 application to the court

ReplyQuote
Posted : 20/11/2019 1:26 am
(@citydad)
Reputable Member Registered

Have you received any notice of the non mol . Be care ful about contacting her , she’ll call the police even if it’s for no good reason
If there’s no residence or child order in place you have the same rights as she does . So if you want to collect your kids after school if that’s the only way you can see them then do so

ReplyQuote
Posted : 20/11/2019 10:33 am
(@woundedbat)
New Member Registered

hey guys

i need some help .
split form my ex of 16 yrs after my seven yr old son caught her in bed with another guy.

as im sure you can imagine i had a few choice words for her especially after i learned she had told my son to lie to me about it.

well long story short .. in my rage fuled rant i didnt notice the recording device!

120 hrs of community service later and a 12 month restraining order served the ex and i finally met face to face with schools and social reps.

we did this with a view to moving forward . i could literally typ for an hour and olny scratch the surface of the sustained and personal campain that she has led against me.

now we have four boys (the eldest not biologically mine) and when we split the two elder boys whoi saw it all and understood NOW 16 and 13 yrs old both decided that due to the betrayal of their mother thae left and moved in with me.. 2 yrs now

right up untill this week access to my younger boys was weekend based twice a month .eeven tho the schools and social suggested that more tiume with me would be benificial to the kids .

so im hit with a non mol order that i simply cannot belive anyone could take as true. my ex has fabricated lies and embellished on otrher things in order to spite me again

im now without access to my younger ones ... i was told today cafcass are involved now and solicitors have been appointed to my children ... anyone know what this means?

i love my boys ... have never had any history of DV with my ex (by her own admission) and yet am made to suffer costantly at the hand of the law beliving her lies.. i feel as if the schools and social are all running around offering support to a woman who plays the victim to oscar standard and are totally failiung me in my attempts to just be involved in my sons lifes . the law in this country is biased and broken

any advice welcome

ian

ReplyQuote
Posted : 20/11/2019 8:25 pm
(@dadmod2)
Illustrious Member

hi, about your question of guardian solicitor for children, found this info online:

care proceedings and the court appoints a guardian for the child. The guardian is independent of the local authority and is a neutral party on behalf of the child. The guardian will be from an independent organisation called CAFCASS, (Children and Family Court Advisory and Support Service). Following on from their appointment the guardian appoints a children panel solicitor to be the solicitor for the child. Should there be a delay in appointing a guardian then the court may appoint a solicitor for the child direct. That child’s interests and welfare are then put before the court within the care proceedings by the child’s solicitor.

In care cases involving an older child often the situation can arise whereby the guardian believes that it would be best for the child/young person for one course of action to happen, but when discussing matters with that child or young person, that child strongly believes that the outcome suggested by the guardian is something which they do not agree with nor could they go along with. For example the child is in an interim foster care placement and the child wishes to return to one of his parents. Due to risks posed to the child the guardian would not be supporting this.

In these cases the child’s solicitor has to carry out an assessment of that child/young person. The child’s solicitor will consider the age of the child and how much they understand the concerns and worries that the local authority has about their care from the parent(s) which resulted in the court application, and if they understand the consequences of the instructions they wish to give about what should happen to them in the future? If the child’s solicitor assesses they can give separate instructions then an order may be granted by the Judge for their specific views to be argued in court through their own solicitor. The guardian will still put forward separately what he/she considers is in that child’s best interests.

ReplyQuote
Posted : 22/11/2019 12:06 am
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