[Solved] Child Arrangement, Prohibited Steps Order and NMO on False Allegations

Don't think just because DV is towards mother it won't impact access to the kids. It most definitely will. As you have been found to be controlling and coercive you are considered a risk eg you could use the kids to exert control (the courts will order a DV programme to help you understand this and avoid post separation abuse including towards the kids) . However what your ex now does will also be key and so if she allows you to see the kids then jump at it but make sure that you stick to the order including the spirit of it. It has been known for exs to manipulate situations to get you to breach and then push for your arrest. 

Eg she allows you to take them to football. However doesn't like something you said to kids and speak to you aggressively about it on their return. You retaliate by shouting back and she reports you to the police for harassment and breach of order and denies speaking to you aggressively.. You can see how that would pan out. 

Ps it is unusual for a mother to allow direct access after going to all that trouble to obtaining a NMO and before a CAO hearing. 

These are just my thoughts. 

As I've suggested, take some legal advice even if the free 30 mins just for clarity... 

Good advice from Warwickshire...

Let us know how you get on.. 

I will be going ahead and appealing it, the calls for example were not made by me and the judge has used probability rather then evidence. The mother had kicked of the this whole court case based on a scar around my daughters neck which she had either inflicted or drew on her neck and has blamed it all on me. She had changed her story several times about this but yet the court has taken her side. If she can make up a story like that and the court can believe it, then I'm pretty sure any mother can make any false allegations and the will just agree with it.

I cannot accept the DV course as I'm in no way a danger, but your right about being frustrated and now there is a stable court order for contact which the judge ordered and should of ordered from the beginning . I can't see myself getting frustrated unless the mother stops contact

Solicitors are a pain to work with, takes around 2 weeks to get an answer Co - pa renting again is difficult and she only waits till court have agreed and doesn't want to get involved in between.

Im also worried about what tactics and false allegations she will come up with if speaking directly to her. I'd rather avoid and will make that a statement that co-parenting is not possible with her, It will be another trap for another court case.

It's been all bout her her and her and nothing about children entitlement about seeing their father. 

I would not appeal it. It can be based on probability as well as evidence . so the lay magistrates thinking it is more likely to have happened than not ( 51%).  accept it follow it to letter of law and everything will work out fine. You got a section 7 and if you start fighting the NMO it will just make matters worse when it comes to seeing your children. At moment cafcass probably give you benefit of doubt that it was mainly done out of frustration . By appealing it you could end up in a worse situation. Your in court may/june so 3 months would of passed by then anyway. How long is it in place for 18 months maybe less?  

If you arent seeing kids at moment then it likely to be supervised, but mum has already offered you at end of march where oldest one returns to football. Put the NMO to the back of your mind and look forward to seeing your oldest one at football and who knows you may be offered some other contact before may/june as well. Being patient and seeing this family court proceeding to the end ,being calm and not reacting will get you best results.

One final thing solicitors are a pain and its common for them to ignore you for 2 weeks or not reply at all . This includes your own solicitor and your ex solicitor. They can send you nasty emails  so dont react to them.  Make this NMO all about that whatever happened was out of frustration temporarily and u will be fine. 

Thanks for the advice, all through out, even by my solicitors, I have been told to accept the blame when its not your fault, Right now I cant accept it and will be appealing it. I've taken your advice on if I appeal it will take longer, but I've seen/heard many other fathers who have accepted it and only ended up in court again even after the final hearing. so I cant see how this will be any different.

As for the ex and court, I'm now afraid of her,  the lies she can get away with and how the court is accepting it. For me to have a parenting, trusting relationship with her is impossible, despite all the advice provided here. She can get away with lying and the courts has already accepted her story.

I will need to make this clear to CAFCASS that I cant trust having a parenting relationship with her as she has completely screwed me and the kids over and has proven to get away with it.

Has this approached been taken by anyone? showing you are afraid of the EX and how the NMO order can now make you afraid of further false  allegations going next to her? how is a father suppose to do future handover when ex and court have will be behind her false allegations... and has been proven with many other fathers.

I'm now approaching this case as if I've already lost the freedom to do anything with our children. My mind frame is now on trying to understand how screwed up the system is, because even after the final court hearing when  lets say an order has been made for regular contact. I know for sure I'm going to get screwed over again. Please tell me and other fathers that it is all sailing after the last hearing???