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You can offer to accept undertakings rather than go through the stress of contesting the non mol. Just make sure that you can have child contact without breaching anything. Pick up from school is a good idea. You could include using a family member in case of sickness etc. it sounds as though she is backing down a bit which is good
Sounds like a positive development to me. You could consider:
Cross-undertaking: This is usually a promise to not do things that you shouldn't do anyway like stalking, harassing, threatening or pestering.
Enforcement order: Don't apply for but considering doing so if there's another breach.
Handover: Via school is ideal. However there are circumstances where a child needs to be collected from the other parent. You could go ahead with it in order to be child focused but can stop if new issues arise after the undertaking has been accepted.
Agree to not discuss anything in front of the children. Any discussions should be held in writing before or after the handovers. This will ensure that handovers are a transactional 20 second exchange.
Just to update I’m waiting to hear back from her solicitor. I’ve said it’s all false in the NMO and she should withdraw it so we can get on with making arrangements for contact . I’ve said I won’t risk any direct contact with her now to protect my self . Still feel sick and anxious and haven’t seen little one in over a month now
Just to update I’m waiting to hear back from her solicitor. I’ve said it’s all false in the NMO and she should withdraw it so we can get on with making arrangements for contact . I’ve said I won’t risk any direct contact with her now to protect my self . Still feel sick and anxious and haven’t seen little one in over a month now
consider yourself lucky. I havent seen my child in many years, and contact is indirect and scant. You have to put things in perspective. That is your child and you will be reunited. Your feelings are understandable, but control them. Its hard, but doable. I have a hearing in a few weeks, to vacate a 7 year old useless ex parte protection order that my ex is now using to hamper even indirect contact. Since there has been no harassment or issues in 7 years, Im hoping the order is discharged.
Wow 7 years how awful 😞
I didn’t hear anything back so there’ll be no contact again this weekend - be interesting to see what her solicitor says as their email last week said contact would resume etc but no reply to mine this week
It's a painful process, remain calm and don't see her any threatening or angry emails. If non-compliance continues then an application for an enforcement order will be your only options.
Have the hearing next week and have agreed with solicitor to accept an undertakings on a no admission basis. Do I need to prepare a position statement ? Or shall I just wait and see what’s said? All a bit unknown atm
Is it a first hearing for the non-molestation application?
If you are going to accept an undertaking, as the solicitor to email you the draft of the undertakings(list of promises that you will make) and the expiry date which I presume will be 12 months from when date when the nmo was applied for.
Yes it’s the first and that’s what’s been agreed . I’m not sure whether to bother with a position statement tho
Contrary to what most people think, a position statement is options. However you should still submit a very short one, stating that you oppose the allegations but wish to make undertakings to not:
Harass, pester or threaten x.
Attend a location where I believe they are residing other than for the purpose of arranged handover.
Message/email them except for the purpose of discussing your child's needs.
Harass, pester or threaten their family.
Basically, drafting your own undertakings to ensure that her barrister doesn't include ones that would prevent you from attending events that your child's school has invited both parents to.
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