[Solved] Non molestation order & prohibited steps

Hi there

In answer to your first question, If you don't agree with her version of events, I wouldn't advise writing to her solicitor, as it would be seen as an admission of guilt.

If the judge would prefer to make undertakings, they will put that to her firmly...if agreement can't be reached it would go to a contested hearing I think....I'm not legally trained and know more about the child contact side of things, having little experience of NMOs.

If you disagree with her version of events and can show that you are not the person she says you are, you might like to think,about accepting an undertaking without accepting the allegations against you, or you could suggest cross undertakings to level the playing field. We have had members that have accepted the NMO or an undertaking without specifying innocence of the allegations and it hasn't helped in the long run with the contact case.

It's a good sign that the judge adjourned it so that both sides of the situation can be considered before a decision is made. My advice would always be to fight your corner if you are innocent of the allegations.

Best of luck

Thank you mojI, I am concerned that if it goes to a finding of facts hearing that this will cause more delays in contact. thats why I would be eager for undertakings so to close the matter so to speak.

The prohibited steps is the same day. Her concern was I was goin to pick him up from school etc without her knowing and take him away from her. I would never dream of doing this. He has a brilliant school and loves it.
I want him to live with her and for me to see him as often as I can. The most frustrating thing is we both want the same things but as NMOorder prevents contact it's impossible to convey this to her.
She acknowledges I am a brilliant dadand she doesn't want out father-son to be affected. I have no concerns about her as a mother she is amazing. So I am hoping that we can resolve this quickly for my boys sake. He has two parents that adore him and that is most important to me. Just want to play my part in parenting and provide as much support to both of them.

...you could write to the judge (an email would be quicker) and ask if you would need to submit a C2 form to add an application for a Child Arrangements Order to the current proceedings, or if it can be addressed during the next hearing, as you would like to request an interim order for contact with your child.

Explain that because of the NMO you haven't been able to contact your ex, so your son hasnt seen you and you are concerned that this will be distressing him, as you are very close. You could say that your ex acknowledges you are a brilliant dad and has stated that she doesn't want him affected either, that she too is an amazing mum and once she can be reassured of your intentions that you're sure you will be able to work this out.

It might be a good idea to write a brief position statement, giving a little background, what happened and what you would like to happen.

All the best

Thank you that's a very good idea.

I will write a position statement for the judge before the hearing explaining I deny the allegations but I would however Like to take undertakings as a way of resolution.

I will get the c2 form and fill it in ready just incase it is needed and things don't go to plan at the next hearing. My logic is I don't want to complicate matters further with more forms etc.

Do I have to give a copy of my position statement to the other side before the hearing or just the judge?

The order stated contact is only allowed through her solicitor and there address. I then wrote a letter and hand delivered asking for access only to be told that they no longer represent her. I'm not sure that she fully understands what she was doing when applying for this order. My belief is she thought it would be good for a short term fix but it's going to cause me no end of problems as regarding to co-parenting.

Just a quick update it seems my letter to her solicitor asking for a lot of acces is paying off. Me ex has agreed to eveything I asked for so I will be seing my son just as much as I did before

That's good news, thanks for the update and wishing you the best going forward. Please keep posting and we will do what we can to assist.

Thank you,

I was advised by them to file a c2 form to be heard at the same time. Maybe I was being naive in thinking that a agreement between myself and ex would be enough.

Because it is already lodged with the court is this necessary or do you think there is some motive behind this. She told me she will agree to everything. We have a hearing next month and hoping it can all be heard at the same time.

I still have the NMO to deal with which is causing me concern now. I do worry that if I contest it which I am that she may use access as a weapon. When I asked for access I did it to coincide with her working hours to suit her. I just want for see him as much as possible.

I have submitted form c2 to add the issue of contact to proceedings and paid £155 for the pleasure.

I am certain I will get the contact that I have asked for.

I am concentrating on getting the NMO removed now so I can start parenting without these ridiculous restrictions. I am asking for undertakings and have suggested 4 promises to the court. Do you think that the judge would be happy for my suggestions? I'm not sure of the proper way to do this. I believe that if she wants anymore promises then I am willing to give I may Aswell have the full order in force.

If she asked for more undertakings I do believe I should ask the judge to have the order removed on the basis my ex attempting to re write history in order to gain legal-aid.

Really stressing about this I have heard story's of cafcass using the non-mol against me when it comes to the report they make.

As I mentioned before, you can agree to accept an undertaking without accepting the allegations against you. If you go down the making promises route, it could be construed as an admission of guilt. Without knowing what your "promises" are, I can't comment on whether the judge would be happy.

I still say, if you are innocent of the allegations I would stick to that truth. The fact that she is offering access is in your favour, as you can argue that if the allegations were in fact true, she wouldn't be happy to offer contact, if you have a letter from her solicitor agreeing to contact then that's great news and you can ask it to be filed with the court, or at least take it with you to the hearing and mention you have it to the judge.

Just a quick one, I have my hearing in a couple of weeks and the judge told cafcass to prepare what I presume to be s2 report by the 7th, as it's creeping up I am bit concerned that neither me or the ex have heard from them. Is this normal?

It's normal, they can be so busy that they'll leave things until the last moment...don't be surprised if you get the S2 on the day of the hearing, although once the telephone interviews are done its only a couple of pages to prepare, it's a very basic safeguarding report.

If you like you can give them a call and try and arrange a time and date to get it done, at least then they'll know you've got your eye on the ball.