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what would you do.....
 
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[Solved] what would you do...

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(@mavic)
Reputable Member Registered

but did it affect contact hearings?

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Topic starter Posted : 26/10/2017 2:56 am
(@superprouddad)
Reputable Member Registered

I'm pretty sure it would affect a contact hearing. See https://www.justice.gov.uk/courts/procedure-rules/family/practice_directions/pd_part_12j which came into effect earlier this month.

That practice direction came about based on a report by woman's aid that basically says only men are perpetrators of domestic violence and that fathers should not automatically get to see their children if they are found to have committed domestic abuse. On top of that, the definition of domestic abuse today is so wide it can mean anything, ie, he slammed the door is domestic abuse. She slammed the door is not. They then point out a number of cases where children had been killed by their fathers, ignoring cases where children were killed by their mothers.

An undertaking will avoid you a non-molestation order, but be under no illusions, it won't make the problem go away, it will keep coming back during the contact hearing.

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Posted : 26/10/2017 11:03 am
(@dad-i-d)
Noble Member Registered

but did it affect contact hearings?

in my case yes it did affect things by dragging them out longer due to the courts having to order CAFCASS to do reports again etc...

from 2010 to 2013 i missed lots of time with my child, 2-3mths then 5mths without contact while i took her back to court and court did their usual get CAFCASS involved due to the allegations (lies) the ex dreamed up.....each time proven false and each time she got let off with warnings to not stop contact again!

now not seen (child) for over 2,1/2yrs because of the lies she comes out with and parental alienation that CAFCASS won't accept.....alleged "wishes & feelings" taken from a 7yr old child at the time of the start of this last lot of proceeding..... now 10yr old child has more weight to their "wishes & feelings" of the big bad monster she has tried to make out i am.

however, this latest judge has seen through it all....he's ordered her to start telling (child) that i'm not the big bad monster she'd tired to make out....and that there is no reason for no contact with me......she has to now actively promote me in (childs) life.......FFS really!! contact should never have been stopped and the new CAFCASS should've seen through the lies like the old one did and reported!

so....if you've done nothing wrong or nothing to deserve a Non-Mol order then why accept it is my opinion

PS: oh and her latest solicitor tried to bring up the Non-Mol again at the last hearing.....i quickly directed the judge to the relevant paperwork showing the Non-Mol was not granted and the undertaking that was.

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Posted : 26/10/2017 4:34 pm
(@mavic)
Reputable Member Registered

the judge in my non molestation hearing told me it will not affect contact if no admission of guilt is made, it just means i cannot talk or be near the mother and the family court will have to take that into consideration when they make my contact order

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Topic starter Posted : 27/10/2017 12:39 am
 Mojo
(@Mojo)
Illustrious Member Registered

I think some members here have had a different experience! If the same judge that sits at the non mol will also take charge of the contact proceedings then it might be ok, perhaps you can ask the judge if he will also oversee the contact arrangements proceedings, for continuity and peace of mind.

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Posted : 27/10/2017 3:50 pm
(@dad-i-d)
Noble Member Registered

Mojo has given some good advice there, ask that the judge reserves the contact dispute hearing for themselves for judicial continuity.

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Posted : 27/10/2017 4:23 pm
mavic and mavic reacted
(@mavic)
Reputable Member Registered

will do πŸ™‚

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Topic starter Posted : 02/11/2017 3:56 am
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