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Non molestation fir...
 
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[Solved] Non molestation first hearing

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Posts: 5481
(@dadmod2)
Illustrious Member
Joined: 6 years ago

hi,

am no expert on non-mol's but i read other cases where dads said they contested it and it made things much worse and difficult, and they were prevented from seeing their kids for a longer period.

found info:

What is challenging the order actually going to achieve? Many respondents feel aggrieved when they see that a person (typically an ex-partner) has sought to take out a court order against them on the basis of what they say are vicious lies. With that, many people opt to fight against an order simply because they do not want the applicant to ‘win’, or for their own name to be blackened. However, a respondent should always consider what challenging the order is actually going to gain. If a person opposes the order and succeeds in proving the applicant wrong, it isn’t like you see on the television and everyone is suddenly aware that the ex-partner has now been branded a liar, with the respondent being able to hold their head up high. What it does do is create further animosity between the parties (which can be particularly unhelpful if there are children involved), as well as adding pressures of both time and money. Instead, a respondent can either not oppose the order or agree to undertakings (which is a promise to the court not to do things) on the basis that they do not accept the allegations that have been made against them – this avoids the need for a contest, shows the court you are not simply in it to prove the applicant a liar, and inevitably is only preventing a person from what they should not be doing anyway (i.e. assaulting the applicant).

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Posts: 7
Registered
(@daren-66)
Active Member
Joined: 6 years ago

Morning guys. Ive also been hit with a non molestation order against me by my wife. This was back in July. I didn't contest it, but my Barrister did as she knows its all lies against me. It has caused a lot more fire from her, more allegations and in it all I've not been allowed to see my 4 children in 6 months. It's horrible and nasty. I've now seen another side to my wife I've never seen in all the 14 years we were married. I'm back in court 15 January, then a 3 day fact finding hearing end of January. I'm not sure how, or if I will make it, but I'm trying my hardest..

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Posts: 289
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(@citydad)
Reputable Member
Joined: 6 years ago

Maybe the court or your ex won’t accept and undertaking ? Then you’re in a pickle . From my own experience things only get worse not better so you’ll end up in court anyway . Likely your ex will restrict things with your kids even more but it’s what they do . I look at it’ like a year being dragged though courts for an order that makes the next 10 years better for me and my kids is worth the ball ache . If it’s lies contest all

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Posts: 11892
 actd
Registered
(@dadmod4)
Illustrious Member
Joined: 15 years ago

I agree with the information that Bill posted, in that instead of opposing it, try to go for undertakings on the basis that you don't agree with the accusations, but your happy to act in a reasonable manner (because that's how you have already been behaving).

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Posts: 13
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Topic starter
(@Harry6185)
Eminent Member
Joined: 5 years ago

I only have contact with her mum , and she organises the supervised access ( its been at children indoor play areas )

I have no contact with my ex since she left month ago , but in her statement for the non molestation she claims 2 weeks ago i made some bad allegations by message and she reported it to police and they recommended she take out a non molestation , complete rubbish as ive not had no contact with her

just don't want them to cut contact just really need to be careful how i go about this? what if they don't agree toa under taking ? what if i accept the order will that affect my case next year at the FHDRA ? she wants sole custody and me to have supervised access going on the grounds of domestic abuse , ( i was like single dad to my son she was always at work ) what i want is to have him every other weekend ( hopefully that gets agreed next year ?)

whats the best way to show the court I'm trust worthy?

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