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Hello,
Me & my ex partner have separated few months back and have a child together.
I have been denied contact. Done mediation which is refused, completed c100 but also detailed the domestic abuse pshycological, emotinal and sexual I have encountered after separation during the first month after separation I was allowed to visit our son daily which is when I started experiencing the abuse.
I have now been served an NMO ex-partie although we have not been in touch for 2 months and even then we was only communicating regarding parenting plans and child wellbeing (as soon as the c100 documents came in post) she made the NMO the following day. In her statement she claims we never lived together, and we separated 2 years ago rather than few months ago, alongside few other false allegations of domestic abuse which have never happened.
I have evidence that we lived together and been together all this time. I also have evidence against all false allegations.
I’m currently waiting for the CAFCASS interview which needs to be in court this month.
I’m unsure what is the best option. I’m not interested in fighting my ex over the NMO because I’m not interested in contacting her (unless related to our child).
I have a evidence already gathered and witness statements but to my understanding my appointed hearing is to determine if I accept the NMO or contest it, and not for me to bring evidence with me?
If I accept the NMO (which really does not impact me as I have not been in touch with her nor I plan to unless related to our child) what effect will that have over the CAFCASS interview ?
If I offer an undertaking for the NMO with no facts finding and no admission what impact will that have on CAFCASS?
My only priority is our child and being part of our child’s life. I want the best resolution that will get cafcass and the judge to grant me a child arragement order of 1-2 overnights (given that I have lived and been with our child since birth unlike what the NMO allegations are saying)
Thank you
Hi,
her non mol application will likely be used to gain legal aid (free lawyer) for her. It is a common tactic. If you believe the non mol should not be issued against you, you can contest it. issue is will mean more hearings, and while your not seeing child, can really affect you, especially mental health wise. if you have the patience to bear it, you can contest. the path of least resistance would be to accept non mol on basis of no admission, and then focus on child arrangements application.
more on non mol and consequences of breaching one, if its in place: https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=https://mensadviceline.org.uk/legal-information/non-molestation-order/%23:~:text%3DIf%2520the%2520respondent%2520(without%2520a,defences%2520for%2520breaches%2520are%2520limited.&ved=2ahUKEwiQhrHYkr6JAxV2VUEAHR-TAsEQFnoECBQQBQ&usg=AOvVaw0oYbXxRhbDJUZhhFetjW9H
if you need support about cafcass call and dealing with them, feel free to get in touch if you need advice. sending you private message.
If you accept the non mol or give undertakings try to have something included to the effect that 'there is no contact except to make arrangements for child contact' or similar.
Hi, I experienced a similar ordeal myself, being served with an ex parte NMO.
I chose to contest out of principle, as I hadn't done what I was being accused of and felt I could evidence as such. I was successful and the application was therefore rejected
The NMO was in place whilst I waited to contest, the ex used it to harass me when collecting my child, stating I was harassing her at handovers (I wasn't). This meant I constantly had the police ringing me, which caused me a lot of stress. This would be a reason to contest and have the NMO discharged.
However, on the other hand, my ex was provided with a barrister on the taxpayers dime since she claimed to be a domestic abuse victim. Therefore, I'd only advise contesting if you have some solid evidence to disprove the allegations, as if it's just your word vs theirs, it's going to be a tough battle which may not be worth the stress to you.
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