[Solved] NMO

They would have to apply to the court for an extension I think, generally there would need to be good reasons to extend it.

Why did the solicitor advise that you comply, have there been any breaches and how stringent are the comditions of the NMO?

NMO
I was advised to comply as the order would expire and I could not return home without consent.

The solicitor said that it was one of the most watered down NMO that he have seen so the judge felt that it should not have been awarded.

Alleged breaches

Parking within XX of property

My mother is old and has a condition which limits her ability to walk. She cannot even walk to the local shops.
The road has a steep gradient. My mother would normally walk the children to and from the car so that she could also say hello to the rest of the family.
The children would often have items to carry. Not always easy on a dark wet winters night and I would like to know that they got home safely and someone was at home to greet them.
At times it is park where you can if not you would be streets away, as some neighbours are a four car families, plus people park to walk to shops or railway station and events at local parks.

Occasional voice mails texts to children.

As mum has restricted access to the children there has been some hurt to me in not being able to communicate with them. Mum has instructed them not to call me or accept calls or e-mail or write.
They have also adopted this approach in part with my parents with has caused them great distress. My mother had two operations and no one called to see how she was.
On two occasions I posted gifts and was criticized by mum for doing this so I sent no more.

Repeat contact requests.

Reasonable requests for confirmation of contact dates, agreement on financial issues and how to improve family life were ignored on occasions. My initially reaction was to ask again but I then realised that this could be viewed as harassment. But a simple polite response within a reasonable period of time would have prevented such repeat requests.
Restricted access to children.
Since we separated one child seen on 3 occasions the last being 8 months ago.
The other two children have not been seen for 4 months. Mum says that the children no longer wish to see me but social services have stated that they do wish to be with me when they were interviewed.

If the existing NMO is watered down and the solicitor indicated that the judge didn't feel it shouldn't have been awarded, I would have thought that's more reason not to accept an extension. Just my opinion...

Personally I wouldn't agree to an extension, as it is interfering with smooth contact with your children, who are stuck in the middle. At the very least I would want "the extension" amended to allow you to park to assist your mother.

Are you in the process of trying to get more contact with your kids? I note that SS are involved, is this because of the court welfare reports, or are there welfare issues?

Yes the C100 is going through.

SS involved as one of the children is self harming.

In net effect the solicitor is advising me to accept to agree to the equilavent of an undertaking.

But would I be better letting them try to extend the NMO then constent it?

If upheld would have to pay costs?

I'm sure i've said this before on other Non-Mol posts, don't be bulied in to agreeing to accepting a Non-Mol if you haven't done anythign worng and or can prove it.
also with regards to an Undertaking.....it is just you agreeing to the court to appease the other part that you won't do something or will comply with something....

I would have thought if your solicitor says its wishy washy reasons for ordering a Non-Mol then with proof and evidence to back you up that you they should get the Non-Mol discharged. and you make an undertaking to court (that's still somethign i disagree with but see partly a reason for it)

The thing that bugs me most is....why would you have to agree to take an undertaking in court to say that you will comply or won't do anything outlined if... 1. you've never done anything wrong or not complied before, and 2. you've no intention of doing said things or not complying etc....
All it is, is so that the other party can "feel better" that you are bound by an agreement.

It must be your decision, if you feel that accepting it would aid your position. However, I would stipulate that any new undertaking should not limit your ability to have a relationship with your children, or impede your visits to your infirm mother.

It's highly unlikely that costs would be involved.

If pushed to make an undertaking to the court ask that your ex do the same, afterall....what's good for one has to be good for the other!