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Hi
I'm new here and wanting some help
I got a non molestation order against me last night and needing advice on what to do next.
Some of the things she has wrote is incorrect. However what she is asking for is for me to not have any contact with her.
I do agree to that as I do not want anything to do with her however we do have a child and I have not seen or had any contact with my daughter for 2 weeks. How do I go about getting to see my daughter and what do I need to do now about this order. The hearing is in 2 weeks.
Just want to know what to do next I currently do not have a solicitor.
Thanks all.
Firstly if you disagree with whats she's added in her statement of fact do not agree to the non-mol in the first instance, that being said until your hearing there is nothing at all you can do to see your daughter in the meantime. I know that sounds harsh but the court has a responsibility to protect the person applying for and named in the order until the hearing to prove if the information is credible or not.
The strongest advice I can give is evidence, evidence evidence. Counter everything she's said that you disagree with, use texts, Facebook, call logs witness statements (they must be prepared to attend court) on the 2nd hearing anything that disproves your ex no matter how small. Be concise don't waffle on.
Don't delay start getting the information now, it will be absolutely invaluable.
Also if the court asks you to get something to prove your point, go get it.
Emotionally you will be on edge, this is perfectly normal but try and keep your feelings in check. Don't react to things said in court until you have your time to speak.
It is daunting, but there are lots of dads who have had huge success in fighting these orders.
Good luck
Does it mention in the order that third parties cannot contact her on your behalf? If not, you could ask a family member to liaise with her concerning contact.
It might be helpful for the court if you prepare a brief position statement, to explain a bit about the background, if you have any evidence to disprove the allegations and ask the court for arrangements to be put in place to facilitate contact with your child.
We can link to further info and a template to help you format the position statement.
Here's some links to info about how to structure statements and also a template that you can use.
www.thecustodyminefield.com/flapp/positionstatements.html
Template ~
www.thecustodyminefield.com/flapp/statement.html
www.mfjc.co.uk/home/mfjccou1/public_ftp/...ldren-March-2013.pdf
There are plenty of posts about this subject here in this forum section, so many do’s and don’ts etc…
One thing i would ask in court that if she wants no contact with you and that’s fine by you but you want the same from her no contact.
However, I would also mention that as you have a child together there should be a way for some form of communication between the both of you for the sake of your child/children.
As MOJO said that could be via a nominated third party.
Or could it be that if the child falls ill or is in danger or trouble that those could be deemed exceptions to the no contact between you and in those specific instances then you should be allowed to have some form of communication between you.
If you say something along those lines that should show that you care about your children enough to be adult enough to understand that there ought to be some form of communication but limited to only about the children.
If you have no intention of doing any of the things that she claims you will and they are still pushing for a Non-Mol then you could always offer to take an Undertaking to the court to say that you’ll not do any of those things as you never have or have no intention of…. But you will only do so if she makes a cross undertaking of the same and that the Non-Mol is dismissed.
Whatever you do don’t just accept a Non-Mol if you haven’t done anything to deserve the Non-Mol….it will bite you in the [censored] later should anything flare up again.
I would add that if she is not letting you see your child, you might have to consider putting in your own C100 application for a Child Arrangement Order.
Thank you all much appreciated.
I ended up accepting a 12m undertaking. I mentioned about the contact with my daughter and the judge was not impressed that it had been 3 weeks and that I should speak to her solicitor afterwards to gain contact asap. Her solicitor came to speak to me and as soon as I mentioned about seeing my daughter I asked if could have her this weekend. She just advised I'm not instructed to do anything at the moment and any requests need to be in writing to her email and that I should get legal advice. That's great if you can afford it . Not sure where to go from here
You can write to her solicitor to say that as stated by the judge today, you are requesting that contact should be reinstated and that if it doesn't happen forthwith, you will be forced to make an application to the court.
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