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Non Molestation Ord...
 
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[Solved] Non Molestation Order

 
(@Davep50)
Active Member Registered

My wife has served me through a solicitor a non molestation order, I have a court hearing in the near future. I am amazed that her statement refers to me as actually doing things I have not, which includes taking my son from school, teaching him bad things, being accused of abuse on a daily basis etc. and also implies I have never been a carer of our son.
she has also got legal aid, and I have to pay, I do not have a great deal of money, and I have become so isolated, I can not even see my son, or have any contact. She just left home when I was sleeping, I did not even know she had gone, all her belongings had gone, I feel as though she must have planned this, it happened so quickly, she never even said anything to me. Yes we have had abusive problems in our past, we are both to blame. I am trying to find advise on the best thing to do in this situation. I love my wife and son dearly, I could never believe how cruel one could be, my heart bleeds to think of how my son must feel. I have tried to talk to citizens advise, Samaritans and other people because of the emotional stress this has caused, I have even had to see my doctor, because I felt as though I was breaking down. I know we are only human and all make mistakes, can any one offer advise on the best way to go forward, I do not want to loose my wife or son, I am prepared to do anything to help them, but I can not because of this order. Is there any hope, any reply would be most welcome.

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Topic starter Posted : 02/09/2015 4:19 pm
(@AdamsDad)
Estimable Member Registered

Hi Davep50,

Sorry to hear that you are going through struggles. You are at the right place for advise from other like minded and people in similar positions.

What I would say before anything is.... Pick yourself up and respect yourself.

It is very clear that she obviously planned this and even putting an non mol order she is vindictive to keep you away. Obviously something must have happened between you both and sometimes it does not work and both should be adults to think of the 'childrens' needs first then their own. You mention that she has legal aid which I know from experience that people dont get it unless their is alot of evidence of violence etc...

I know you say you have not got much money however if you really want to... just like many people on here you can self represent. There are alot of information on here to give you enough information to work off. It just takes time browsing through the forums unfortunately.

It feels like your not in a good place at the moment, however you need to get yourself mentally stable before going down this channel. Keep strong. Let us know how you get on.

ReplyQuote
Posted : 02/09/2015 4:33 pm
Davep50 and Davep50 reacted
(@Davep50)
Active Member Registered

Thank you for your reply, yes there has been incidents of abuse in the past, we are both to blame for this, and we can not turn the clock back, I will take your advice and try to get myself in a frame of mind where I can control my emotions, your advise about self representation seems a good idea, but could I stand a chance of fighting against solicitors, and the court, it seems an impossible task, when I nothing of the law. But again thank you for your advise, and support.

ReplyQuote
Topic starter Posted : 02/09/2015 4:44 pm
(@AdamsDad)
Estimable Member Registered

Not a problem.

The problem we all face is the cost.... I cannot deny... The cost can be ridiculous and the winners from all this is the Family Courts/Solicitors/Barristers .... It all adds up.

I do think your situation is a little more complicated and would probably need legal advise. For free advice such as PSU, Citizen Advice they are all great for giving you direction which many people who self represent would benefit from. However... if you want someone that can do the leg raises and go court and represent you etc... it does come with the cost. I know people that have spent thousands of pounds and still fighting to see their kids even though they havent seen them in years.

It is sad how the country deals with Family Courts but the persistence in struggles should continue.

For your own sanity just like myself you could perhaps create a blog/twitter/facebook page which from my own experiences helped me to cover that void.

It is natural to miss your child and it could take days, months, years before you see child. So mentally prepare yourself and yes fight for your child but be patient and also willing to compromise and keep away from arguing etc... As everything is evidence 🙂

Keep well buddy.

ReplyQuote
Posted : 02/09/2015 5:18 pm
Davep50 and Davep50 reacted
(@Davep50)
Active Member Registered

It is a good feeling to know that at times like this people who you do not even know can offer support in ways that give some hope and direction, but yes the real winners are the legal institutes, for normal ordinary working class people like me, the financial cost is one that can not be recovered from.
Thank you for your support.

ReplyQuote
Topic starter Posted : 02/09/2015 7:48 pm
(@dadmod4)
Illustrious Member

Hi Dave

There a a couple of sticky topics at the top of the legal eagle section on representing yourself in court, so it's worth taking a look at this. There are dads on here who have very successfully represented themselves in court when the other side has been legally represented.

Don't forget, lawyers working for the legal aid scheme are often quite junior (the pay rates aren't good I believe) and they won't ever know the case as well as you, since they have a lot of other cases to work on, and you only have one case.

Good luck.

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Posted : 02/09/2015 9:40 pm
Davep50 and Davep50 reacted
 Yoda
(@yoda)
Famed Member

Just to add, if you're going to self rep and need legal advice you can telephone Coram Children's Legal Centre.

http://www.childrenslegalcentre.com/

ReplyQuote
Posted : 03/09/2015 11:37 am
Davep50 and Davep50 reacted
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