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As the child has finished nursery, it does seem odd that it has formed part of the order. It might be best left alone, the judge could change that to refer to main stream school, if it's brought up.
it might be a good idea for your son to submit a new application to the the existing case, he would be applying for a Child Arrangements Order for contact and he would need form C2 to make the application. It would be quicker than letting the non mol case close and then making a fresh application under a new case number, where it could take longer to get a hearing date.
Generally a judge won't hear a contact case whilst a non mol case is ongoing, but the non mol case for your son is likely to be concluded at this next hearing, so the application for contact can flow on from that.... hopefully. I'd get the C2 form in tomorrow first thing, taking it to the court in person, along with the fee.
All the best
So he goes to court for the non-mol, no legal support . His ex and son are there. At the same time the police turn up at our home to arrest him. In court his isn't given the time to read his statement - hours of work ignored. The injunction is served against him. As he is leaving his son comes running to hug him, after a time her solicitor tells him "Thats enough now"
Next day he goes to the police station as requested, is held for 14 hours and charged with "assault by beating". The girlfriends statement confirms she was shouting and also physical. We have two weeks to keep him from going to prison. Not sleeping well.
I’m so sorry to hear this, the fact that he hit her makes everything so much harder for him. I think his best defence is to be as remorseful as possible, to be honest and agree to attend a DVPP (domestic violence perpetrators programme). If he has no criminal history of violence, he may avoid prison, a criminal court will look much more thoroughly at mitigation I’m sure.
Whilst a criminal case is ongoing, the court won’t look at Child Arrangements. However, even with a conviction he can still try and get contact up and running again, admitting guilt and attending the programme form an important part of that process.
All the best
thanks, i need more advice will post again
Best of luck
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