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Hi, need some help please.
My wife and I separated in November 2021 and we have a 5month old daughter. I left the family home (which I solely own outright prior to marriage) my wife begged me to return via text and email.
I returned 5 days later and was shocked to learn that my wife changed the locks and applied for an occupation and a non molestation order against me. All false allegations and I know she is being put up to this via her mother (who hates me) The final hearing is set for March.
i applied for child arrangement order and was told last week that because I have a pending nmo hearing, that they won’t consider any interim contact until they speak to CAFCASS and they do the final hearing in March! This is ridiculous as the nmo is false allegations and there is nothing in there about the child. They could have at least given me supervised visit in a contact centre. I have not seen my daughter and this is the most precious time of her life.
my wife does not work and is getting legal aid whereas I can not. And I don’t really want to attend the hearing in March as I do not wanna take time off work to attend the hearing which is daunting.
does accepting a nmo affect child arrangements and does it hold any weight in a divorce proceedings?
Thanks
Hi,
Yes NMO can make child arrangements difficult. If you want to speed things up, you could accept an undertaking on basis you have done nothing wrong. Or you could choose to fight the NMO, which may drag on longer and possibly make child arrangements more difficult. I would recommend you attend the hearings, even though its inconvenient and you have to take time off work. You may want to consider legal advice about dealing with NMO and Occupation order.
check out this video, very useful:
How to deal with Non-Molestation Orders in Family Court
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