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Hi,
So basically my Ex has stopped me from seeing my son in January, she had the child in December and we got back together at this time and everything was fine for 5 weeks.
In January she turned on me, she has postnatal depression so don't know if this is a factor, but she went with a new guy two weeks after leaving me and then stopped access to my son completely. I went and got a solicitor who sent her a letter about mediation and a C100 to be put in place. I then received a non-molestation order in which I went to court regarding all of the false information she said about me. The courts couldn't find any evidence regarding her claims, but the order is still in place for a year however it has been noted on the system nothing was found.
Now, I have gone back to my solicitor and she set-up mediation, she didn't want to come so I have a signed document now. I was wondering if anyone had any prior experience as to the best options / and cheapest for me to do?
I would like full custody ideally but know this isn't going to happen. She's still been messaging me being abusive, which I have ignored and still she is sending me Snapchat friend requests which I have screenshotted.
She made out that I hit her, punched her and gave her a black eye etc. saying that I control her money and tell her what she can / cannot wear. But, was all proven false.
1) why is the non-molestation order still in place?
2) Is there anyway I can get my money back?
3) Is there any other things I can do that will help.
I know that I'm mature enough to negotiate child agreements and arrangements but she's still being very immature and I have lots of messages and stuff to show this.
Kindest regards,
Kieran
Hi There,
First bit of advice is keep every message she has sent you, I'm sure you have anyway, then transcript them write them all out so that they may be used as evidence, the fact she is contacting you won't go in her favour on the non mol.
you could go through court without solicitors and that would save you a fair bit of money, but wth the non mol in place, you may need a solicitor at least on hand in case you need legal advice about anything,
,
GTTS
Hi there
You could have contested the non mol, that should have been explained to you really. The court seem to discourage respondents from contesting, saying that it would take as long to contest as the NMO would be in place, so not worth it. My feeling is that if someone is innocent, they should stick to their guns and contest it, especially if the applicants allegations can be disproved.
I'm not sure what you mean by getting your money back? Do you mean for paying your solicitors? Regardless of outcome the fees are set and still need to be paid. I'm not aware of any way you can get money back through the process.
We have many Forum members that have decided to self represent and go ahead without a solicitor. There is a one off fee of £215 to submit the Child Arrangements application form, but that's about it.
The fact that there's a NMO in place will make it harder to get a contact schedule in place, as the court have to investigate all allegations, this is done by ordering welfare reports, which can take more time.
There's lots of info in the stickys at the top of the legal eagle section and if you have any questions you only have to ask.
All the best
Thank you for your quick replies guys, do you think there's anything else that I could put in place / file against the mother for all of the abuse she's putting on Facebook / Instagram? It's essentially deformation of character what she's doing to me, making out like I'm violent when I haven't laid a finger on her.
You could try complaining to facebook directly. I'm not sure whether a Prohibited Steps order is a possibility with regards to facebook posts, but you could certainly mention it in court.
You need to get your C100 in to court.
If she raises the same allegations, it's likely there will be a type of hearing called a fact finding and you will get opportunity to show the court your evidence. You wouldn't do that at the first hearing though.
With respect to the facebook issues - you can tell the court about this and it's likely they can ask the mother to make an undertaking not to denigrate you on social media. In any case, once this goes to court, if she posts about it on social media, the court take this very seriously as family proceedings are strictly confidential.
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