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I have a first court date tomorrow for a non-molestation order and occupation order that my wife has filed for.
I am sat preparing a statement to contest both.
What will happen to tomorrow?
Will they take my statement into account telling them that I do not accept the allegations on the NMO and that I feel that with the Occ Order that the children should be with me in the house (she left, had an affair) ? I have also not seen my kids, she took them without my permisson.
Is there any point in going over why I feel the ids should be with me etc?
hi,
other dads that have dealt with NMO's will be better suited to answer you. from what i heard and read is that challenging the NMO just drags things out and could mean you go without seeing your children for longer. All I can suggest is once all this has been resolved, you should file for a c100, childs arrangements order, so you can put things in place to see your children on a regular basis.
If the allegations are about your behaviour to her not the kids that's what you defend.
If she has not accused you of recent physical violence towards her or sexual assault ever then be prepared to accept an Undertaking.
An Undertaking is not proof of any bad behaviour it is just a promise to the Court you won't do what it says in the Undertaking. If you are in a job you will lose if you get one unfortunately you will lose your job as you will be handed one to bind you over until the full hearing.
If you apply for a Child Arrangements Order immediately afferwards you can say you accepted the Undertaking as you thought it would decrease conflict between you which is in the best interests of your children. Judges doing Child Arrangements are use to women doing every trick in the book to stop you seeing the children or to control when you see them. You need to concentrate more on not annoying CAFCASS so their report states as little as possible.
In regards to the Occupation Order I can't help with that as we lived separately for 8 years.
My ex didn't know when to stop so I ended up using the Undertaking, her running to the police with more allegations, her malicious messages and her continued abuse of others including lawyers in the Child Arrangements Order last week to make it clear how she needs to behave.
My ex made allegations aboht me and the kids yet she didn’t stop direct contact since separations !! So if you were having regular contact you need to bring that up .
The courts have seen it all
Before and my magistrates were very good and balanced .. hopefully
Yours will be too . After nearly a year of messing about in court I think my ex bottled it as she didn’t submit any evidence . Prob Because she didn’t have any regarding me and the kids . Could she proove we’ve sent nasty emails and messages to each Other yes . But courts care about moving forward and the best for the kids . So concentrate on that
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