maybe they just expected your ex to follow that recital. At my first CAO hearing earlier this year, they put things about child contact into the recital which was the main issue. These are the type of issues we face in court process. It's not a nice feeling not seeing your child for a month or more. myself and so many other dads did not see our kids for 3+ months at the start of lockdown.
with your earlier question about police arrest powers, I think its unlikely that court will add that to your CAO order. You can ask for it. Perhaps they would add that if a court order is breached many times by your ex.
A well worded order will include a Penal Notice at the end which makes clear that it will be contempt for breaching the order.
However unlikely that any powers of arrest can be attached as these are civil orders.
Except the Non Mol which whilst a civil order,it has been legislatively determined to be a criminal offence if breached.
HeyAll
Quick Update:
Last hearing was in September 2020, which resulted in a fact finding hearing in February.
Contact arrangement was every other day phone contact and 2 hours face to face unsupervised
Mother stopped all contact end of November ever since I moved to a bigger house and brought the 2 eldest kids over.
she still has not allowed me to see the youngest daughter since February 2020
She has now resumed only phone contact and is not allowing face to face, even though government guidelines states they can move between households.
2 questions:
Why has she resumed contact closer to the court date but in between chooses to mess about?
I have a fact finding hearing) coming up (after nearly 5 months), does anyone know if they will ONLY see/hear evidence related to the schott schedule allegations or can we also bring up evidence of recent events were mother would stop interim contact and attempting to deteriorate relationship with our kids( Which is not an allegation i need to respond to in the schott schedule)
hi,
I can only assume she started behaving closer to the court date to make her look better in court's eyes. If your CAO hearing is still running, you should be able to take a position statement with you, stating if the court/interim order is being followed. if not then detail what's been going on.
do you have a solicitor/barrister?
I will be self representing at the fact finding hearing due limited funds.
CAO still running, fact finding hearing to be heard at Croydon court over 2 days in February. In which I need to respond to 3 out of the 5 allegations
Her solicitor has already told me that they will be pushing for a section 7 report after the fact finding hearing...
Clearly her solicitor abusing the process. Very poor when they are unable to think of the children. As soon as you no doubt come through the find a fact hearing where allegations probably very weak . her solicitor then asks for section 7 to cause further delays, think it takes 13 weeks for a s7 report . You should definitely mention that she has not been sticking to what the court ordered and this isnt good for children as they need routine.
We are in a pandemic at moment so keep calm and keep doing what u are doing and u slowly will get to the end with good contact
yes sadly it seems her solicitor is trying to drag this out as long as possible, for financial gain most likely. If court orders a section 7 report, then hopefully you will get interim contact with your children while it goes on for a couple of weeks. when i was in court, other side tried to get a fact finding, but court decided it was pointless and ordered a section 7 instead.
Hi can anyone please point me in the direction of appealing a nmo and how to change judges
hi,
did you have a hearing regarding the non-molestation order? also has the fact finding hearing happened?
I don't think judges can be changed, You could request it.
You can apply to change or set aside a non mol using form FL403 which you can download or complete online from the www.gov.uk website. The fee might be £255 but I'm not sure about that.
Hi
Was the NMO issued after a fact finding hearing and therefore the judge found against you and in favour of your ex?
How old are your 3 kids?
this was only a finding of fact for NMO i think.
I don't think there was a finding of fact for the CAO. - they doing a section 7 report. in May
or do they combine Fact finding for CAO and NMO combined.
kids are 6, 3 and 2