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TOPIC: Urgent Advice Needed Defending Non Molestation Order

Urgent Advice Needed Defending Non Molestation Order 4 months 2 weeks ago #97343

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Hello Everyone

I have been reading all the fab advice on here and wondered if somebody could help advise me please.

My son's and his partner split up after he found she was talking to men online. Realising there was no chance of a reconciliation she left unexpectedly taking their 7yr old son with her.
He didn't know where they were and was worried sick about his son. He and his son have am amazing bond and have never spent a day apart.
He frantically texts her asking to see his son or to speak to him for just a minute to make sure he was ok.
After 2 days of no reply or contact from her my son informed her he was filing C100 at court.
He went ahead and filed it but it was returned as the help for fees was declined.
At the same time as receiving the returned C100 he also received a Non Molestation Order. It has all sorts of false allegations on there about domestic abuse etc. He has messages and pics that prove they are false so is confident to defend it.

My question is this:
When defending the NMO can he submit his own application for a NMO against her as part of his defence or does he need to submit it to the court in a separate case?
She is getting arrested for controlling and coercive behaviour so my son fears her and her family are going to make his life hell.
The hearing to respond to his NMO is in 4 days.
The hearing for Child Contact Arangements is a separate case in a separate court and is in 2 weeks.
My son has not seen his son for 5 weeks now.
Are there any other applications we can make at his NMO hearing?
So sorry for the long post but I'm really grateful for any advice.

Thank you

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Last Edit: by NannyB. Reason: Text error

Urgent Advice Needed Defending Non Molestation Order 4 months 2 weeks ago #97349

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Hi

If you're intending to apply for your own Non Mol and she is being arrested, I would suggest you contact a lawyer who takes on Legal Aid clients.

If you do this yourself, you can complete a C2 form for the NMO and take this with you on the day.

Your son could ask the court at the NMO if they will touch briefly on the upcoming C100 hearing and if they will combine the proceedings as one will affect the other.

There aren't any other orders you can apply for.

Just try to focus on moving forward for the child.
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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.

Urgent Advice Needed Defending Non Molestation Order 4 months 2 weeks ago #97364

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Hi Yoda

Thank you so much for your advice.

My son is on high alert with the police so he wants to avoid obtaining a NMO at this point. Such animosity is never good.

I am confused if my son should be doing a witness statement or position statement.

The directions state that any evidence should be filed with the applicant solicitor in advance of the hearing. We have tonnes of evidence and have started a statement to answer her allegations. We just aren't sure what to name this statement.

Also can we ask the judge if he would consider ordering some kind of contact to commence prior to the first contact hearing in a few weeks time? Even just a telephone call would be sufficient right now. We are desperate to know he is ok. We really miss him

Thank you

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Urgent Advice Needed Defending Non Molestation Order 4 months 1 week ago #97367

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Hi there

A position statement is a very brief two page statement and evidence can’t be attached to it, this yype of statement can be taken with you to the hearing, or filed a couple of days beforehand.

If you have been ordered to file evidence, It would be attached to a full statement. You would respond to her allegations in order, in numbered bullet points, referring to the relevant evidence you have within each bullet point, giving each piece of evidence a reference number and attaching it at the back of your statement. The reference number would be your sons initials and a number, starting with 1 then 2 and so on. For example -

The school contacted me in writing which I have attached (AB1)

I doubt the judge in the non mol case will agree to to discuss contact, but as Yoda has suggested, your son can ask for it to be considered and the for the two cases to be combined.

Does his ex know she is to be arrested? Even if he doesn’t make a counter NMO application, it would be important to tell the court about the police involvement.

All the best
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DadTalk Moderator... I'm not legally trained and my responses are my own views based on my experiences of the family court. I have plenty of common sense and can offer you emotional support and guide you to answers.

Urgent Advice Needed Defending Non Molestation Order 4 months 1 week ago #97368

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Here’s a link that might help, it’s from Lucy Reeds website, she’s a family lawyer, if your son is unrepresented it might be worth getting her book

www.nofamilylawyer.co.uk/useful-documents.html
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Last Edit: by Mojo.

Urgent Advice Needed Defending Non Molestation Order 4 months 1 week ago #97369

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More links

Here's some links to info about how to structure statements and also a template that you can use.

www.thecustodyminefield.com/flapp/positionstatements.html

Template ~

media.wix.com/ugd/69743a_6f5457e9a07b43a...ith%20questions.docx

www.thecustodyminefield.com/flapp/statement.html

A good website with info in plain english, some court videos to watch too.

www.mfjc.co.uk
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Last Edit: by Mojo.

Urgent Advice Needed Defending Non Molestation Order 4 months 1 week ago #97415

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Hi Mojo

Thank you so much for your advice and links they were extremely helpful.

We had the hearing today and the judge has agreed to combine the two cases. I'm not actually 100% sure what this means just followed Yoda's advice.

She asked to present evidence but requested that my son doesn't file any more?

In his statement my son referenced the crime that's been logged.

The judge ordered full police reports, is allowing more evidence from her and has allowed the order to continue until they are back in court.

My son finally done his witness statement for the police today. They are charging her with assault as well. We didn't realise until today. Police also have videos of her using their son to get at Dad.

We are in child contact hearing in 2 weeks so he's waiting for cafcass to ring to do their safe guarding checks.

It's a joke, she's in a safe house getting loads of help and support, gets to keep my grandson away from us all yet she's the abuser.

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Urgent Advice Needed Defending Non Molestation Order 4 months 1 week ago #97416

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Also just to add, my son categorically refused to accept any kind of undertaking.
He evidenced every single allegation she made.
There is no way he is making any deals, he wants to clear his name.

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Urgent Advice Needed Defending Non Molestation Order 4 months 1 week ago #97424

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That’s good news, it’s just better to have the proceedings under one umbrella, for continuity sake.

Things are moving forward, with the charges she’s facing I would be very surprised if the NMO stays, but I can understand why you feel frustrated and angry that she is still being protected. Hopefully all this will change once the court has sight of the reports...They are naturally very cautious where there have been allegations made, but that doesn’t help you and your son right now.

Have you got a date for the next hearing?

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Last Edit: by Mojo.

Urgent Advice Needed Defending Non Molestation Order 4 months 1 week ago #97427

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It's just such a frustratingly slow process.

All the time we are waiting it's another day of not seeing him and potentially more damage being done. We are a big family with a few little ones that meet regularly. My grandson will be missing us all so much, it's heartbreaking.

I honestly think she has malicious parent syndrome but from what I've read it isn't really recognised in the UK. She is definitely unstable. I honestly can't understand why any parent would put their child through this. Whether to get a house or to punish my son, whatever her reasons their should be a law against it.

We haven't been given a date for the return hearing for the Non Molestation Order. She has to file her evidence by the end of this month.

With the two cases combined does that mean that the judge who deals with the contact case will get to see the paperwork for the NMO? I really hope so. Rather than relying on a separate judges decision.

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Urgent Advice Needed Defending Non Molestation Order 4 months 1 week ago #97428

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Yes that’s what it means, all evidence and paperwork will be filed under one case number, so overseen by the judge sitting on the day.

Hopefully your son will get the same judge for the next hearing, he can request that the next hearing is placed on the same judges listing, for judicial continuity, although it isn’t guaranteed. The judge himself may have directed that it be listed with him... hopefully that will be the case.

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Urgent Advice Needed Defending Non Molestation Order 4 months 1 week ago #97429

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That's brilliant news Mojo, thank you for clarifying.

We did ask the Clerk if it would be the same Judge sitting next time but she said it's unlikely as he isn't always at that Court.

The Judge was sympathetic for my son, especially having had no contact, and acknowledged his "rather packed out" evidence.

Within my son's evidence there are messages where the two parties discuss her holding a knife to my son. She tells him he's out of order if he reports the mother of his child to the police.
It is based on this evidence that the police decided to pursue the assault charge. She has been violent to him for years but this is the main proof that was most recent (December 2018)

I'm praying it is enough for him to gain suitable access for my grandson.

The Judge didn't even entertain her request for an occupation order. He asked my son why he wouldn't move out so she can come back with my grandson. My son reasoned that she chose to leave and will happily raise his son if he were to come back home.
As no contact arrangements have been made yet I find it frustrating that it should be assumed that the mother gets the home. Not all mothers are deserving or worthy to be parents.

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