[Solved] *non-molestation order can this affect mediation**

Hi. I completely sympathize with you.

Going to mediation to have your differences ironed out is a good move. However, the non-mol could affect that, nevertheless you could still mediate indirectly i.e. not in the room together at the same time. Speak to your mediator about the various options open to you.

You could give an undertaking in court instead of a non-mol or have it varied to deal with children matters if your application to have it dismissed fails. The courts will never shut out communication between parents on children matters unless a no contact order is in place. Typically non-mol run for up to 12 months if there are no reasons for extension at the end. Far cheaper to let it run out than challenging it in several hearings unless LIP (still emotional cost). You have to adhere to ever letter in the non-mol until further notice.

All the best.

yeah im just called mediation to ask their advise and they have said to still go and to discuss the options from there which is great, tbh im perfectly happy to have the order in place as i dont want any contact with her unless via a 3rd party and have been advised by 3rd parties who work within this field on a daily basis to acknowledge the beliefs of the ex but state they are allegations of dv in which i have not been arrested cautioned or even questioned about, do you think this is a wise way to play it out? i have also read about undertakings and would happily offer this too

would like to add i had arrange mediation well in advance of being served

Hi there

If you can prove the allegations are false then I would advise that you fight it! If you fail then the next step would be to accept an undertaking without accepting that the allegations are true. Take any evidence you have that disproves her allegations with you to court.

You seem to have a very lax attitude to non mols but in some instances they can come back and bite you and will effect the course of your future application for contact, at the very least by prolonging it and having contact ordered at a contact centre initially, the cost of which can be expensive.

If you were to find yourself walking past her in the street, or shopping at the same supermarket, she could invoke the non mol.

Your ex now doesn't have to attend mediation because of the non mol. I feel it might just be another exercise in emptying your pocket. You can always revisit mediation once the non mol case is concluded.

To me it would make sense to deal with the non mol first and then move forward with mediation and possible application to court for contact.

Bear in mind that non-mol can also cover the child(ren) so you might find yourself in a sticky situation for a period or in a contact centre. This link might help http://www.family-solicitors.co.uk/Non-Molestation_Orders.php#

I'm not sure we should be linking to a page that is offering fee paying solicitors halfoyster!

Here's a link that helps explain non mols, there's also a sticky at the top of the Legal Eagle section about them.

http://www.thecustodyminefield.com/flapp/Undertakings.html

A couple of old posts about Non-Mol's that may be worth reading up on if you have done nothing to deserve it other than take legal action against your ex.

http://www.dad.info/forum/legal-eagle/42171-served-ex-parte-non-molestation-order#56491

http://www.dad.info/forum/legal-eagle/43592-should-i-contest-an-nmo-or-not#63690

http://www.dad.info/forum/legal-eagle/24957-non-molestation-order#33546

I'm with NJ and dad-i-d on this. If you can fight it, do.....I would deal with this hearing first, then deal with the mediation and submit the C100 if necessary.

I've been assisting a parent recently whose life has been made [censored] for the last year or two due to a non-mol against him that he could have fought at the time of application.

Wishing you all the best.