[Solved] hi before the full post

Hi Everyone, as the title says im looking for some advice.

Massive long story im going to cut as short as possible in the hope of getting the correct advice on how to move forward.

It started in April when i got arrested for harassment, I then got further arrested at the station for various counts of assault. And to make everyone aware it was all lies. So the EX started this to stop me seeing my son. I was bailed by the police every month for 6 months. I was then released under further investigation while the cps was doing their thing. As my bail conditions came to an end i was served with the non molestation order, and due to the ongoing investigation it was easy to get as part of the Ex's plan. 2 months after this when she was planning to go back to work i was forwarded another order, a child arrangements one this time, part 3 of the master plan. Again easy to get due to the previous scenarios. I will admit i was stupid and didn't read the no mol order correctly and thought it was for 1 month while waiting for a court hearing, 2 weeks later when i read it in detail realised it was for a year and should of contested it there and then, nothing i can do about that now which is why im here.

So recently i got a call off the police and they told me all charges have been dropped, the relief after 9 months was something else, and then the emotion of seeing the light (my on) was immense. I rang a solicitor about what to do and they want 450 for 2 hours just to let me know my options, I can't afford this at all.

My main queries are as follows -

- Who do i contact to get this order cancelled? I searched the web but can only find forms to start an order.

- Has anybody experienced anything like this before?

And also, with all the police charges being dropped and the ex making all this up, will this help me in the fight to see my son more than i though could be possible?

Thanks in advance and anything you guys think i might of missed just let me know

hi,

I would advise not to spend a huge tonne of money on solicitors, when you can get free advice. You mentioned you received paperwork about child arrangements order? what does it state and has it given you a date to attend court?

It sounds like your ex has applied for a child arrangements order where she will seek to get an order that states that child lives with mum . As for the non molestation order , there is anything you can do about it now other than let it run its course.
How old is your child as moving forward you will need to try and get contact re- established again. With your ex having it in for you i imagine she will be wanting you to have supervised contact unless by having residency she will agree to something better

hi,

I would advise not to spend a huge tonne of money on solicitors, when you can get free advice. You mentioned you received paperwork about child arrangements order? what does it state and has it given you a date to attend court?

Hi

I've had a hearing for the child arrangements order and as cafcass said they don't recommend interim contact. And also so i don't pick my boy up from nursery and another hearing scheduled for February. And cafcass recommended no contact because they were waiting on the cps. Now that is done I've spoken to them but they don't seem to be in a rush. Maybe i'm expecting it to happen to soon but surely this shows she has made it all up for me not to see my boy.

Hi and welcome to the forum.

It must be difficult for you going through this. You've described the typical things that happen to prevent contact. The approach you now take will be critical as to how successful you are in getting contact and the quality of it. Try to act without letting your emotions drive you and ensure that you have clarity of thought. You will get great advice on this forum and there are plenty of sites out there that can help you navigate the family courts.

Regarding the non mol, there is very little you can do about it, just let it run its course, however, no matter what, do not breach it, not even to contact ex if you find out child is poorly. If you breach it then you will be considered as someone who is so dangerous that not even a court order can keep you away from your ex. Breaches significantly count against you, you can be arrested and prosecuted and end up with a conviction etc etc.

Also just because the CPS dropped the matter does not mean the family court will, the family court has a lower burden of proof to find against you, however CPS dropping matters does count in your favour.

How old is child? Has your ex suggested anything re child contact or residency in the child arrangements order application?

At the stage you probably do not need a solicitor.

There is the form FL403 to vary, extend or discharge an order in existing proceedings but I believe this is only for the applicant to use which is a bit one-sided. However, there seems little point in asking for the order to be lifted. What is prohibited in the order that you want to do? A non mol is a civil matter, not criminal so doesn't have to be disclosed. Best to concentrate now on seeing your son. The court can amend the non mol in due course to allow you contact with your ex for the purpose of making arrangements for child contact. Who applied for the child arrangements order and what does it ask for?

Thanks for the replies, I'll try to answer some of the questions now.

@Daddyup

To be honest i don't want to speak to her after what she's done but with the non mol in place it just makes things needlessly difficult. Having to go through a third party for contact in the future is bringing other people into a situation they probably don't want to be in.

Child is nearly 3 now and i'm missing everything. She says nothing about contact in the order, it was basically to stop me going to nursery and picking him up while she was at work.

@Champagne

I think that is the form i found online and was filling in but i agree it looks very much like it's for the other party only.As above she did,

Sorry i got a little confused with what things are called. So bassically this is the order in what things happened.

- She stopped me seeing him.
- I got arrested.
- I applied to court to get a contact order.
- bail came to an end so she went for a non mol.
- she then went for prohibited steps order.
- police charges dropped

And here we are today. hope that helps a little bit.

Yes, it is very confusing. I take it you are on the birth certificate so have parental rights? So you have applied for contact on a C100 and that is being processed at the moment? What did she ask for with the prohibited steps order - which is using the C100 again. If you have both made applications to the court, they should be heard at the same time.

The prohibited steps order is to stop me removing him from her care, nursery or anyone shes left him with.

And yes i applied for the first order to get contact with him but it has been postponed twice while waiting on the cps and im on the birth certificate.

Your ex is after a child arrangements order where child lives with mum and spends time with father.
It will probably be supervised contact to start with which will then progress to unsupervised phased leading towards overnights.