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TOPIC: Non molestation order vs enforcement order!

Non molestation order vs enforcement order! 3 years 6 months ago #70513

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...perhaps a letter to her solicitor stating that you are a Litigant in Person and will be acting as such throughout the duration of the case. Ask that all correspondence concerning the case be sent to you directly and that as previously stated, all communication between you and your ex go through him.

Ask once again for contact to be reinstated as required by the CAO, or at least the indirect contact component of it. State that stopping contact so abruptly will have caused distress to your son, as he has never gone longer than a couple of weeks without seeing you, voicing your concerns for his well being.

Ask him to confirm in writing with his clients response to your requests and to pass on the wish that this situation can be sorted out and hopefully contact resumed without delay.
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Non molestation order vs enforcement order! 3 years 6 months ago #70528

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Received this:


You should be aware that the decision that our client took to suspend contact was not one taken lightly. The reasons for contact being suspended were detailed in our email to you of the 5th November. Within that email we made reference to the NSPCC, who intended to make a referral to Lancashire County Council Children Services Department. We are instructed that this referral was made to Lancashire County Council, who contacted our client on the 9th November. By that juncture, our client had already decided to suspend direct contact and, on the basis of that decision, the Local Authority were satisfied that our client had safeguarded xxxxx and, as a consequence, no further action was required by that Local Authority. Whereas the NSPCC had also indicated that they would make a referral to the Children Services Department at the Local Authority in which you presently reside, our client was subsequently advised that the Local Authority in your area would not accept the referral because XXXX does not live in their jurisdiction.

Our client has very significant concerns about XXXX mental health and self-esteem. By way of an example, xxxx has returned from contact referring to himself as “a bad son and a piece of junk”. Xxxxxxxx also appears nervy and “on edge” upon his return from contact. XXXXXX has informed our client that he has been forced to admit to things which he has not done simply to placate you and to stop you from continuing to berate him.

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Non molestation order vs enforcement order! 3 years 6 months ago #70529

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I don't think you are going to get anything reinstated before the hearing on the 22nd at this rate. The solicitor doesn't sound very professional and hopefully CAFCASS and the court will get to the bottom of this as soon as possible.

You can respond to this yourself challenging these points or use your solicitor.

Good luck
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I have several years experience supporting parents in family proceedings as a McKenzie Friend. I am, however, not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

Non molestation order vs enforcement order! 3 years 6 months ago #70548

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How often are community service or other punishments put in place or is my best outcome going to be she gets a slight telling off and contact reinstated?

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Non molestation order vs enforcement order! 3 years 6 months ago #70550

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Not very often to be honest. The courts are loathe to punish the resident parent as it could have a negative impact on the child. So the powers are there but are very rarely applied. If the court find no good reason for the breaches they are likely to order that contact resume and sometimes there isn't as much as a telling off for the offending parent.
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Last Edit: by Mojo.

Non molestation order vs enforcement order! 3 years 6 months ago #70552

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As i suspected and yet look at the impact to my Son! I have no idea what he has been told but it won't be good.....that can't be undone but would be helpful if there were some kind of repurcussions.

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Non molestation order vs enforcement order! 3 years 6 months ago #70554

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Turns out 22nd is only a "directions hearing" so not necessarily going to get given contact at that time!

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Non molestation order vs enforcement order! 3 years 6 months ago #70609

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...if she has significant concerns for his mental health, you need to ask what steps she has taken to support him, has she spoken to the doctor or the school? If she is exaggerating these claims to get her way then this is one way of shedding doubt on her version of events.

Also the fact that Social Services are satisfied and there is no further action would suggest that the situation is far less serious than she is making it.

Perhaps the judge might order a Section 7 report, if this is discussed then you could request that a wishes and feelings report is included within the report. This is where the social worker in charge of writing the report would interview your son to find out what he feels and what he would like.
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Non molestation order vs enforcement order! 3 years 6 months ago #70920

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Cafcass letter does not support her claims.......but she has made a lot of them! Many so minor the cafcass officer told me she had to advise her that they were not relevant!

The main concern they are referring to is a version of an event that happened in July - she has known Bout it since then yet claims this and the other minor claims are why she stopped contact at the end of October. Cafcass haven't really entertained it.

Anyway the directions hearing is tomorrow - will this definitely just be a short hearing with court advising of what they want for another hearing or is there a chance it will be resolved tomorrow?

Also should I take evidence and notes etc with me or is it unlikely I will need anything tomorrow?

Any hints appreciated!

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Non molestation order vs enforcement order! 3 years 6 months ago #70925

If you have evidence and your notes with you then you can offer the evidence to the judge.....as its a directions hearing they'll probably not accept it but if you've got it with you anyway it won't hurt to let it be known you have.
you never know if you say you have evidence to support your stance or prove your ex is being deceptive or untruthful then it may just rattle her in to offering some compromise.

i would take a couple of copies of the evidence you have with you just in case the judge were to ask to see it.....don't hold you hopes up though it is for directions.
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Dad-i-d

i'm not legally trained....i'm just a Dad going through hell to see his child grow up and become a decent man and human being.....my goal is simple...to be the father to my child like my father is to me...my hero.

Started this battle 2010.....who knows when the fighting will stop!

Parental Alienation is real and is abuse!

Non molestation order vs enforcement order! 3 years 6 months ago #70973

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The other side listed 101 false or irrelevant "concerns" it ended up a strange situation as those claims were filtered through and yet still under the guise of a directions hearing.

As they have suggested the school has shown concern we have a hearing arranged for the 4th with several day visits and 1 overnight inbetween.

My ex also suggested a reduction in contact long term which I disagreed with!

The hearing is no longer enforcement order but a first despute order? Cafcass are going to attend.
I am unsure as to the difference but get the feeling it softens the idea of wrong doing by ex?

It's madness as when questioned the claims made all fell down.

Very emotional experience and I feel I am going to need legal representation yet have no funds for one!

Anyone shed light on this?

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Non molestation order vs enforcement order! 3 years 6 months ago #70974

forget a solicitor and look at McKenzie friends as an option - (Paralegal) they work on these cases everyday and are half the cost of a solicitor or Barrister for the day plus they'll help with guiding you in statements etc...

wished i'd had one 6yrs ago instead of £11k over 2yrs and then doing it myself to save money the rest of the time.....weak orders have allowed my ex to breach them when she feels like it.
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Dad-i-d

i'm not legally trained....i'm just a Dad going through hell to see his child grow up and become a decent man and human being.....my goal is simple...to be the father to my child like my father is to me...my hero.

Started this battle 2010.....who knows when the fighting will stop!

Parental Alienation is real and is abuse!
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