[Solved] Without notice letter

I have to say I understand why you have decided not to go but I seriously cannot see anyone trying to charge you for breach of the order when you have a letter from her solicitor advising you to collect your son from school. NMOs often make provision for child contact arrangements should the parents agree. If she instructed you to collect from school and then went there herself, the court and police would think she was an idiot!!

According to the OP the NMO stipulates, that he shouldn’t go within 100 metres of the school, without them inviting him to.

Surely the solicitors letter is an invitation to do so?

Hi,

I went to the local police station who said that technically I could still be arrested. I was informed that the solicitors letter does not override a court order,and technically it could still be a breach.. The without prejudice statement on letter(not without notice that I put on thread title) means it carries less weight in court and this letter and offer cannot be shown to a judge, as the offer was without prejudice.

I am afraid there is too much ambiguity for me to trust that things 100% would be fine-but of course I would walk to see my son if I could. I have 3 weeks left to NMO hearing, after waiting nearly 6 months. I am not prepared to lose my progress as the ex has been nothing but malicious to me. It is much harder to not do what they have offered(without prejudice) than to run up there and see my son-that would be emotionally much easier.

Update.. As I said earlier I had originally accepted offer and said that a close relative would pick up my son as a way of minimising risk of breaching NMO. I then sent another email saying that I did not wish to accept offer(as using someone else to act on my behalf to pick up son would still have technically still been a breach).. My brother in law-56 years old and who my son knows is hardly a danger

I received an email an hour ago from ex solicitor saying "We note that you agree our client’s proposals for your contact with child to be reinstated as from tomorrow. However you will be aware that this was based upon you collecting child from school and returning him there on Monday. Our client cannot agree to anyone else collecting him or returning him and we agree it is unlikely that the school would agree to that arrangement anyway. Our client states that you have always done this in past and you have given no reason why this should not happen now. Please confirm that you will be responsible for collecting him tomorrow after school and returning him to School on Monday morning. This arrangement to continue on a fortnightly basis."

I responded" I sent you a follow up email, saying I did not accept your offer.
I will not be answering any further communication until the court date"

With this person (ex) she just wants to be difficult as always so it is pointless engaging at the moment with so much to lose. It is more likely to create more drama that will not be helpful for my son. if I can get the NMO discharged then I can look at contact without this overhanging me.

At the very least you will be able to get the terms of the NMO varied (even if you don't manage to get it discharged).

I'm with you on this. It hurts and it's not fair but I know of people who have spent months in jail for things as simple as dropping a child's ipad back to him after he left it in the car. They are hideous orders but the police don't give two monkeys about how unfair or ridiculous they are.

Thanks justdad

Make sure you take the letters /emails with you when you attend the next hearing so that you can refer to them when the other side likely says 'he has refused offers of contact'

I agree with Yoda... You've erred on the side of caution, but try not to let it put you on the defensive in court. I'm pretty sure they will see that you were in an untenable situation and the fact that full weekend contact was offered should carry some precedent for going forward in respect of contact.

I can't remember, have you made an application for contact yet? If not, in light of her offer it might be a good idea to do so.

All the best

In reference to ‘Without predjudice’ some info for you in this article. It appears that it’s inappropriate to use this form of closure when dealing with child contact arrangements. I would most definitely mention that the written offer on contact was made without prejudice and ask the judge that as it’s not about financial matters, but about child matters, that negotiations shouldn’t be closed down in such a way and ask if the judge would allow it to be filed.

https://www.stowefamilylaw.co.uk/blog/2014/07/15/what-exactly-is-without-prejudice-by-john-bolch/

Hi Yoda,

I have put a separate post to this(apologies if incorrect) asking if I can put forward a position statement at NMO hearing. Will you please have a look at that thread.

Thanks Mojo, that is really helpful. I am reading the blog now about without prejudice now.
thanks again

Mojo and others-would you mention the without prejudice offer in my position statement for NMO hearing?
sorry to keep bumping the thread.