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My wife took a non molestation order out on me, the main reason is unknown as she now wishes to discharge it. The courts wish for it to stay in place due to what she has said about the children (all fauls), they want a section 47 report before discharge and I'm happy to entertain that.
I believe she took it out to stop mediation as she took the non mol out 3 days before she requested me to pay for mediation she then went mediation and we was not suitable (obviously) with that she then emailed the courts saying I want it stoped as we are in mediation.
Now the courts have took it from her hands I've filed my C100 for CAO and awaiting date however she is now not liking the fact that I can't go to the house so she needs to do all the children runs, dropping off and collecting, along with disrupting her time as she needs to drive 2.8 miles (very long way after a days work)
My main question is to be honest having the order in place is not bothering me, if she stops contact then it will however if the courts discharge it can I request for it to stay in place?
hi,
dont know much about non-mol. but if it stays in place, that means you also can not go near your kids, as they are with their mum? would not make sense to keep non-mol in place. sounds fake anyway as your ex wants to discharge it.
Hello Mr fu ming,
A Non Molestation Order has been granted and a Section 47 Report requested. If it is determined you are innocent of the accusations made against you and the N.M.O. is discharged, why would you want to, quote, " request for it to stay in place?"
Are the children named on the order or just her?
If it's the former you need it discharged.
I don't think you can stop her getting it discharged if she is silly enough to ask for it.
Regardless use the fact that she needed to get one to not have any further direct contact, any further direct communication and not to meet with her unless it is an emergency involving the children.
If you need to do mediation it must only be shuttle mediation then you won't meet up as you don't want to be accused of harassing and intimidating her in mediation.
Then point out in Court that you do not want to harass or intimidate her especially as it will upset your children therefore any arrangements you make are so you to have no direct contact and no direct communication.
She will then realise she has screwed up when you don't reply to any of her messages, block her number and handover the children with no contact with her. In other words you still cannot go to her home to drop of the children.
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