[Solved] Interim Occupation

I cannot see any reason why a judge would return the children to the mother, they are settled with Dad and becoming more so every day. Their wishes will be considered, depending on their ages (and bearing in mind that the court will be very reluctant to split up siblings, the oldest's views will count towards the youngest's position) - and with her record, I would say that it looks very hopeful that the children will remain with Dad.

Thank you for your reply actd.

Today we have discovered from a friend that mum went to court yesterday to file for her own non molestation order and occupancy order.

We know the judge issued the non mol but said her solicitor had to serve it but the solicitors are apparently demanding £1k upfront before they will act ?? Seems odd as I know non mol orders are free and you can serve them yourself if you really want to! I am wondering if she has just spun her friend a story as it doesn't seem to make sense, much easier to claim the order couldn't be served because she didn't have the money than admit one was not granted? - can anyone shed any further light on this matter?

Also, why would a non mol order be issued when there is an existing court order stating they may only contact via written contact? Unless I suppose she did not inform the judge she saw of this? We know she saw a different judge. Would this go against her at the next hearing?

Dad isnt concerned about any non mol order against him unless it impacts on the children staying with him.

We do know that youngest(9) was kept of school sick(she was fine when collected Monday evening) by mum yesterday and her mother(maternal grandmother) looked after her while she went to court despite mum telling dad she was looking after daughter. So dad, who is primary care giver due to the current order had no idea it was anyone other than mum looking after daughter - should she have notified him of this? Is it worth mentioning to cafcas? (Youngest had spent weekend with mum was due back Sunday evening but was apparently sick and wanted to stay with mum so dad agreed reluctantly. However it now looks like she kept her from school as she knew she wouldnt make it back from court to pick her up - she usually picks her up after school and dad collects her an hour later. As it was dad arrived for pick up before mum returned.

Also eldest daughter is refusing to see mum (a week now) and whenever they speak on the phone it descends into shouting and fighting and mum telling daughter that none of this is her fault that its all her dads fault that it is him taking her to court and she didnt ask to be thrown out. She didnt get thrown out, she left of her own free will as she felt she was unable to remain within the boundaries of the non mol order he had served on her. Dad has talked to eldest (15) about this and told her she should see her mother as she will always be her mother and she does love her but daughter is refusing to. Advice?

All advice would be grateful.

Okay, apparently dad has another woman living with him (he doesn't) the women in question lives 80 miles away and has never stayed in the house without mum and dad being there (mutual friend)

What should dads next move be and can the female friend do anything about the allegations?

I can only give a limited opinion as I don't have much knowledge of this area, but my thoughts are:
1. She probably is spinning a yarn about the order
2. If she isn't, then I'd contest it, purely because it's better not to have that doubt in the courts mind later on
3. Realistically, I'd simply explain the situation with the female friend and leave it at that - ultimately, what difference would it make anyway even if she was living with dad - she's a mutual friend so obviously there hasn't been any issue in the past, so it doesn't impact on the case at all
4. With regards to the 15 year old, she's at an age where she knows what she wants, perhaps just give her time and some space, or suggest that she doesn't speak to her every week, but maybe once a month at first - the last thing you need is for her to start resenting dad for pressuring her.