[Solved] Cancel Non Molestationrder_wife Leaving UK4 good

Not too sure about this in general, but if she leaves the country, surely it doesn't matter whether the NMO is still in place or not, since she isn't around to worry about it?

However, if you travel to your home country, I would guess that she can produce the NMO as evidence in your home country and ppossibly have restrictions placed on you there - would depend on the legal system of the country, and certainly it could cause problems when she comes back if she applies for it to be extended.

Thanks a lot for your reply ..

What is the Juridistriction of NMO issued in UK...If wife is leaving the country /Juridistriction for good then is there is a specific reason for court to consider the existence of that ..The reason i am asking this question is she is very crucked ..she applies NMO here and goes to home country make this as reference apply another case there ..and come back (?) make another allegation...this has been her habit hence

i would like to appeal to court to cancel NMO if she is leaving the country.what is the point of existence of that NMO i appeal to court that NMO could be misused/misrepresented in another Juridistriction by her if that continue to exists an..but she is not giving anything in writing about she leaving but i am insisting to her ...

Also i have not placed any child order since she requested and now she wants to leave the country (?) with child ..is there a negetive consequnce from court view if i dont apply for child order..

any thoughts ...

Thanks,Steven

Not very sure legally but my common sense says that they won't lift the NMO just because she has left the country. What if she decides to come back, they would argue. It simply is not a good reason to lift the NMO.

Also if you do breach the NMO outside the UK I think it will cause you trouble back in the UK. Not sure, she doesn't even have to return, she could simply call the police and you could be in trouble. It could be that the police won't do anything as the offence didn't take place in the uk, nevertheless I wouldn't risk it. It certainly won't look good in court.

If you want to oppose her removing child, you need to apply for a prohibitive steps order and child arrangement order. It is difficult to win cases like this. speaking of personal experience, I have seen how little the mother has to show to let her relocate with child.

I think your best bet is wait until the NMO has expired.

Thanks a lot for the reply...

1) We have common friends wedding to attend in our home country and we might not talk to each other there but just if she is calling police being outside UK and complaining about breach of NMO that she can do anytime provided me and her being in the same country ..

how UK police verify the breach ...
a) If the breach of NMO has taken place outside the country dont you think locally (in our home country) there needs to be a complaint registered and enquiry made by police with accused (me) and that need to be proved locally and then that fact can be produced in UK court as breach of NMO

b) but for an NMO issue by UK court why some other country will consider that and register complaint as that NMO might not be applicable in that country..usually in my country police will not simply register complaint as that would be additional investigation for them to work/prove.

c) Also as a caveat I can take letter from home country solicitor while returning back to UK Stating that no complaint / breach has proved in my country and he can be contacted by UK police if required for any clarification regarding me breaching NMO or any complaint from my wife etc .. this would save you from false NMO breach aquisition....do you agree with me???

2) We dont have child order in place and but she has written email to my solicitor that i can go to her place in my home country with an appointment to see the child but this is not legally stamped by UK court ..but my worry is that she can use the situation of my visit to see the child and complain for breach of NMO ...can you please suggest ...i dont have much time left for placing child order before she leaves the country

a) how can i ensure what are the conditions that i need to take in writing from her before she leave the country or
b) if she gives that in email to my solicitor would that be enough to prove or
c) it needs to be sworn in-front of solicitor etc .

3) My soilicitor here in UK said that he will write to judge asking the clarification for Juridistriction of NMO and how court will consider NMO breach in case my wife makes false allegation when we both are in same country for a purpose outside UK..what facts need to be provided and proved to UK Court in case my wife really needs to prove me breaching NMO ...is this protocol works ?

Many thanks for all the replies i am sure my questions will help some one who is in similar situation of being a false accused supported by social care and having NMO ...

Regards,Steven

I would be very careful about breaching the NMO, even out of the jurisdictio. I don't know what country you are from, but there is an EU. protective order in place that allow for enforcement across the EU. Even if you're not from an EU country, this may be an indication that the UK has reciprocal understanding with other countries outside of the EU too.

http://www.rachelhorman.co.uk/2015/01/new-law-allows-enforcement-of-protective-orders-across-european-union/

Thanks for earlier reply ..

i am an Asian henece not very sure that NMO ordered by UK court will apply there...

There is a varied answers with each solicitor in my country when i spoke to them .below site could be useful but it will notvexplain the scenarios ... https://uk.practicallaw.thomsonreuters.com