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I recently received a Non-Mol from my Ex that displayed incorrect personal details and a Statement full of Lies. Like many i was amazed how a Order as powerful as this could be put through the court without any factual evidence. At first i believed only the Police or possibly only Social services would be allowed to take a Statement of this kind and present it to the courts being that they would have the back ground checks and history to make sure it was not being wrongly presented to the court.
I was shocked to find out That my particular Order was by the national domestic violence helpline run by the woman's refuge. They basically had taken a statement from my Ex over the phone visibly edited it so it had more of a impact in court and presented it to the Judge via her solicitors. No background checks with the Police or social services had been undertaken. I spent 5 months dealing with Social services and working with a mediator to get a reasonable arrangement worked out only to be totally alienated from my children by a helpline.
I can not believe a charity especially knowing that children are involved would take and present a statement without out any checks or factual evidence. In my mind they are perverting the course of Justice but i think that doesn't relate to family court. Either way I'm disgusted at it and the fact you can not get legal aid to fight Orders of this kind just rubs salts in the wound especially when the other side can apply for legal Aid to place a Order. Makes for very unfair court sessions. Like to hear from anyone else who has had a order put on them in this way. Above is a link to the complain about a charity commission. The Charity that runs the hepline is the women's refuge. If anyone else wishes to try and Highlight this issue.
I managed to discharge parts of the Order but i am still working out how to remove it completely so i can continue with trying to get a reasonable arrangement in place.I expect it will involve a full trial but being close to Christmas i doubt it will be any time soon.
I would have a word with the Citizens Advice Bureau about this, I can't recall having come across this before.
Unfortunately it's the system that's at fault. It's common for those ex parte orders to be passed without any concrete evidence. They argue that the respondent is given an opportunity to contest at a further hearing, but it's often the case that even without evidence the judge will ask for undertakings and these are accepted so that contact issues can be progressed...as in your case.
You can accept an undertaking without accepting any of the allegations, or you can ask for there to be cross undertakings.
Depending on the allegations, this will slow the child arrangements case down, but it shouldn't stop an order for contact being made. Where there have been allegations made the court will proceed with caution as there are possible safeguarding issues for the children...this may mean contact starting in a Contact Centre, or parents ordered to take parenting or anger management courses...it's just means more hoops to jump through before the courts are satisfied that the children are safe.
All the best
That's really scary. I haven't got much in the way of advice. Just unreserved sympathy. I'm facing similar situation but thought I'd get my non-molestation order in first. Could you not still do the same. It sounds like you're been molested. Surely a judge could hear you out. Sorry, not much of an advice. Just sympathy.
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