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Hi there,
I'm looking for a bit of advice and I am writing this on behalf of my partner.
Basically his ex left last year and took their 6 week old son with her.
A few months later he was served with a non molestation order which we believe has now ended as it was for a year.
During this time my partner has had no involvement with his son due to the order etc
Now the order is up we would just like to know what would be the next steps we can take to start the ball rolling with him been granted access to his son.
How would we go about this?
Any help would be much appreciated.
Regards
Zowie
Hello,
I will give my advice but there are plenty of people on this site who are more experienced then me.
The non molestation order should have never been a barrier of contact. I know from first hand experience how it makes life extremely difficult for contact to happen. Mine had restrictions that I could not go to the school, home and could not contact the mother etc. But saying that it is possible.
The fact that the order has expired is good news and means that your partner really needs to get this sorted in if he wants to be part of his child's life again.
Is your partner on the birth certificate? If he is that means he has parental responsibility and this will help a great deal. Another important question is would his ex put up any resistance to contact?
If not this should be able to be resolved relatively quickly. If she does then contact is still possible but would have to probably go through the family courts but the courts will do everything possible to ensure the child's right to see there parent is done.
I would advise writing a proposal of contact to his ex stating exactly what he wants, maybe give her some time to think about and state that if no response you will take the matter to the family courts.
Best of luck, like I said I am new to this sort of stuff but there are plenty of people on this site who will help you through the the whole process.
Thank You for that,
He's dying to be part of his sons life and now the order has ended we can now move forward hopefully.
I don't think his Ex will make it easy to be honest so we may have to go through courts never the less he will write to her and see what happens.
just a shame his sons missing out.
What would be a suitable time period for her to respond?
And if no response Is received what would be next for my partner??
Thanks again ☺
Hi there
Please make absolutely sure that the NMO has expired before making contact with her.
Your partners first step must be mediation, this is now a requirement before court action can be taken. Here's a link to the mediation service
www.nfm.org.uk
Your partner would need to make an appointment and attend to discuss the issues and what he would like to happen, the mediator would then contact his ex and ask her to attend. If she refuses the mediator will sign off the form to enable a court application to be made.
Because of the NMO it might be advisable to get a solicitor to write the letter, or a third party, as she may try and get the NMO reinstated for harassment.
Have a read of the stickys at the top of the legal eagle section, there's lots of useful info about the process.
All the best
I've moved your post into its own thread, it can be confusing for the OP and can get overlooked by other members that might be able to offer advice. I e also changed the topic title so as not to confuse it with the other thread.
So last week my partner made contact with his Ex's Dad.
Suprisingly the call went well and pictures of his son were sent to us in a message as he hasn't seen any for a while.
However today we have had a call from someone who has advised that he will need to attend court as his Ex will be starting further proceedings to extend the NMO.
I belive she has lied and told her solicitor that he made contact with her and threatened her and fears for her and her son. Which is a load of BS!!
Now he hasn't been served as yet but the problem we now face is that he broke his back a week ago falling 15ft and has to lay flat to recover for a number of weeks. Apparently the court date is the 1st Dec in Coventry and we live in leeds.
We arnt sure what to do??
As I mentioned earlier, I was afraid that making contact would cause her to go for reinstatement....I would contact the court where the hearing is and discuss the issues with them, if he can provide proof such as a doctors/consultants letter they should agree to adjourn, hopefully, but do it asap as there's only a matter of days until the hearing.
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