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Challenging a non h...
 
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[Solved] Challenging a non harassment order ?

 
(@dad-i-d)
Noble Member Registered

Does the Non-Mol have any dates it runs to or is it indefinite? The one my ex tried to get on me was supposedly valid for 6mths from the date she got it issued.
I obviously challenged it in court and got it dismissed and then took an undertaking to the court that i’d not message her about contact stuff.
I’ll be honest i never want to ever talk to the evil b*tch again if i can help it after the nasty stuff she tried to pull to get control over me again.

As the Non-Mol is now a couple of years old i’d have thought that it would be worth asking for it to be discharged based on the need for basic level of communication regarding the kids based on you looking for and hopefully getting contact away from the contact centre.
What’s your lawyer said on this?
Handovers between me and the ex were always a very scary time for me, she’d start an argument over anything she could think of just to get me to react.
It got to the point that i asked court to ban her from handovers and ask that a 3rd party do it to prevent her from kicking off all the time and stopping my contact.
A handover book was introduced but within a month she was writing [censored] in it about what my (child) had said that i’d done/not done [censored] about stuff she didn’t want (child) doing basically… example: Learning to ride a bike…..her words “its too dangerous for a child of 5 to ride a bike on a road” i totally agree…however what she didn’t see was that the road was in a local park and wasn’t actually a road it was a wide path with lanes marked for cycles so looked like a road!

Handover books can be good if they are used correctly.

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Topic starter Posted : 14/12/2017 4:16 pm
(@mavic)
Reputable Member Registered

read here
https://www.familylaw.co.uk/news_and_comment/further-practice-guidance-from-the-president-on-non-molestation-orders

and read section 1 and 2:

'1 The Magistrates’ Association and the National Bench Chairs’ Forum have raised with me the question of whether it is proper to grant an ex parte non-molestation injunction for an unlimited period. They suggest that practice varies. They express the view that to grant such an order for an unlimited time is wrong in principle.

2 In expressing that view, the Magistrates’ Association and the National Bench Chairs’ Forum are entirely correct. To grant an ex parte (without notice) injunction for an unlimited time is wrong in principle. The practice of granting such orders for an unlimited time, if this is still occurring, must stop.

I would apply to court to have it discharged and bring the horgan vs horgan caselaw to their attention

ReplyQuote
Posted : 16/12/2017 8:38 am
(@dad-i-d)
Noble Member Registered

Hi KMac, only just got back on line today.

Best off asking your lawyer on that one fella, i challenged mine at the time it was issued and got it dismissed.

ReplyQuote
Topic starter Posted : 27/12/2017 9:11 pm
(@cantbelievethis)
Eminent Member Registered

HI, Iv made a couple silly remarks via social media over the past year but she was blocked from seeing them. although this hasnt been mentioned in any of the police 3x interviews or on the statement she got the order on reading this has got me thinking. and shocked to think your ex got a NM on this alone. If so did she have evidence to back it all up ?

I say this as many of my exGF allegations to get me arrested and to obtain this exNM order she has admitted in court that they were untrue. Also another 4 allegations she has admitted are not the truth with one she back tracked claiming my ex wife made a allegation 10 years thet i kidnapped my own kids and stated she had the police as a witness as evidence (no way is the police gunna make such statement) my ex wife has made a statement that she has never reported me to the police for kidnapping.

All the serious allegations i can dismiss and she is going to know that as i have video footage and non bias witness.. I hoping the judge will see through her lies more so as she lied already to get this order/

Which makes me think now after reading this if she may use the same against me. she is self repping so might not think of bringing it all up.. not that there is much and maybe 18 mths ago know but hey like im learning it dont take much for a woman to get a bloke arrested and orders put on us

cheers

ReplyQuote
Posted : 16/02/2018 8:57 pm
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