[Solved] Non molestation

think mojo is better suited to answer this. all i can suggest is seek legal advice, and just challenge that non-molest order. if you just try a counter non-mol, then it will look like petty game of [censored] for tat.

it would be better for you to now take out a child arrangements order, so you have proper certainty of your childrens living situation. you could have the application state that children lives with father, or both parents, depending on what you want etc. theres good benefits for doing that, e,g, holidays with your kids abroad in future, without silly fights/refusals about it. try to avoid having order say that kids live with mother, as that will make it much harder for you, if you want shared/full custody in future.

about non mol papers, you should contact mens aid charity https://www.mensaid.co.uk/

Hi DDave

Sorry for the delay in responding... the NMO will go on the day it was served.

Her tactics are clear here, to paint you as a risk to the children so that they will be placed with her. As Bill has said, it’s not as simple as putting in a counter application, the court are likely to view that as [censored] for tat.

What you should have done as soon as you left with the children, was to make an urgent application for. Prohibited Steps Order and a Child Arrangements Order for the children to live with you...you can still do this, although the court may want to deal with the NMO first... try and get some legal advice.

You mention that you are staying with a family member, is the accommodation appropriate, do the children have their own room? Is your ex still in the family home?

You’ve said that there was violence towards you in your relationship, is there any record of that, with police or social services? If you can prove that you have been a victim of domestic violence it would help your case.

If you can, it would be a good idea for you to seek some legal advice, find a solicitor that specialises in family law. Some offer a free initial consultation, which might be helpful.

You will be given the opportunity to put your case forward, if you’re completely innocent of her allegations, I would say that you should contest it, although you may be encouraged to take an undertaking, I would consider accepting a cross undertaking, this is where you are both giving an undertaking to stay away from each other.

All the best

Thank you all for replying, I do appreciate it. I managed to get an appointment with a solicitor today. The advice I have received is that I should go for a non mol against her as she got in my house and removed items that were not hers, the landlord let her in and then changed the locks, the tenancy is in my name.
I then had to go to the house and change the locks again, this has stopped her from entering now.
No she is not living there, she has I think gone back to her mother's address.
Regarding the non mol that has tried to be served on me, the solicitor said that until I have the papers in my hand they are not enforced, so we can go for non mol and a
C 100, should I ask the solicitor to apply for a prohibited steps order as well as Child Arrangement Order, or are these covered under the C100 form.
Sorry for all the questions but I really need to know, I really want full custody of the children.
Many thanks for your help.

Ask for both, the PSO is to prevent her from removing the children, if you’re successful.

I’m glad you’ve sought legal advice, the fact that you have a reason to bring the NMO helps I think. So are you back in the family home?

As I thought, the NMO papers must be served to come into effect.

The C100 can be used for both PSO and CAO. If you feel she is a risk to the children, you should also submit supplementary form C1a to tell the court about the risks. Things such as if she was violent towards you in front of the children, or has any issues with alcohol or drugs.

You’re more than welcome to ask as many questions as you need. I’m not legally trained, but I can share my and members experiences with you.

All the best

Thank you, I will do those applications.
I will let you know how I get on.

It’s important that you think about contact for the children and the mother. The court will expect you to encourage contact, the PSO would prevent her from not returning them. You could suggest contact takes place in a contact centre, or through a trusted third party, such as a family member.

If you’re not at home at the moment, it’s important that you are seen to be trying to facilitate safe contact for the children, with their mother, as hard as that might be right now.

Here’s a link to some more info on PSOs

http://www.thecustodyminefield.com/flapp/prohibitedstepsorders.html

When are you in court?

Hi all
Just an update on my situation, I had to attend an emergency court hearing last Friday morning, I was informed of this at the last minute.
I was in a real panic as I did not have any suitable clothes with me, so a quick run around the shops to purchase suitable attire to go in front of the judge.
I was absolutely petrified, but prior to going in to see him, my solicitor and her solicitor had thrashed out some agreements.
We both agreed to drop the non molestation allegations, and agreed to a 3 day rolling Rota to have the children.
I agreed that she could have them for 3 hours after the hearing so she could see both children for the first time in a week and half, she cried when she saw them.
Since then things have calmed down and seem to be working well.
I have lost my job so the next hurdle is finding something that fits in with my childcare, I do not know where I am going to get the money from to pay my rent this month.
We have to go back to court in June to give an update on how things are going, hopefully we can report things are going well.
I am pleased with the outcome so far, fi gets crossed it carries on being amicable between us.
Thank you all for taking time to give me advice, really do appreciate it.

Hi there

It’s good that you were able to reach some agreement on Friday, that sees you having an equal share of time with your children. I’m sure the children were pleased to see her too.

Losing your job is a bit of a blow, but hopefully you can find something that fits around your child care commitments.

I think all in all you’ve had a good result that gives you both the opportunity to build a good working relationship... if you can work together for the sake of your kids, they will benefit greatly.

All the best