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Hi all anyone had a non mol against them , does it / can one be used to affect child contact at a later date ? Already have a c a o , kids are school aged . Ex is alleging violence which is untrue . What about undertakings or anyone’s experience s ? Cheers
Non-mols complicate contact somewhat, make sure you raise this at the hearing and if any nonmol is given make sure there are provisions for contact.
But before getting there, fight the nonmol tooth and nail. Don't let it stick. The burden of proof is on her.
My ex had dished 3 nonmols over years - all of which were dismissed.
I mean I’m sure she’ll try to use anything that sticks in future hearings . I’ll fight the allegations I can and I know some I’ll be able to show as out right lies . To be fair in there won’t be any impact on contact with the kids that’s all I care about . Will the court award her costs ?
We’re you asked to agree to undertaking ? I hear so much conflicting opinion on whether to agree to undertakings or not ,
family court will not award her costs and NEVER accept undertakings especially if you done nothing wrong, to other people it it can make you come across as guilty
I am of the opinion that underakings are ok. They never affect contact and my experience is that judges/the courts/SWs know that they are handed out like candy so they really don't mean anything.
Heck, even a nonmol consent order with no admission of guilt doesn't affect things - but it will place restrictions that will make contact a little bit more difficult. Nothing that can't be overcome though (e.g. using a third party).
Make sure you don't "overdefend". You really don't want to be dishing out dirt and going into the detail - your first stance is to deny deny deny, and whatever proof she brings up, poke holes in it. That is all.
Cheers all
Im going through one now, it was refused by the judge twice and now her solicitor is trying connect it to the CAO using Application on c2 to join the non-molestation order proceedings to the Children Act proceedings.
as it was refused Im guessing they want they want to combine the 2 so the evidence can be found in one go rather then have to seperate cases and save them money from the legal aid kitty.
Anyway its been refused by the judge but im sure they had some even thought process behind which somone can shed some light.
The fact that it was refused is really good for you. Now you can simply ignore it. They can bark and shout but if the judge won't even consider it you can act as if it doesn't exist. Don't even respond unless the judge asks you to.
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