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TOPIC: Urgent Advice Needed Defending Non Molestation Order

Urgent Advice Needed Defending Non Molestation Order 5 months 1 day ago #97438

  • Mojo
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Let's hope the next judge is as fair minded... you never know, the same judge might have requested that it be listed under him.

At least it's moving in the right direction NannyB... patience will be your ally right now. All the best.
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Urgent Advice Needed Defending Non Molestation Order 5 months 12 hours ago #97460

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Thank you Mojo, fingers crossed!

I've read so many horror stories about CAFCASS not including information in their reports you can't help but worry.

I will update after the hearing to let everyone know how my son got on.

Take care.

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Urgent Advice Needed Defending Non Molestation Order 4 months 3 weeks ago #97516

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Hi all

My son has had the date for his return hearing to defend the NMO.
It's in 3 months time so quite disappointed it's such a long way off.

With the upcoming Contact Hearing we aren't really sure what he should be asking for although we know what would be best for little one.

To summarise:
*Son ends relationship and draws up a parenting plan.
*Ex doesn't want to share so leaves with child and cuts contact with all paternal family
*son submits C100 and C1A
*Ex responds by gaining emergency NMO
She ripping the system and is in a safe house now. Grandson hasn't attended school for nearly 2 months
*son speaks to police who look through 4 years worth of text messages, they then decide to record a crime of controlling coercive behaviour and 2 counts of assault. (Waiting to hear if they are going ahead with arrest but have 2 crime numbers)
*son evidents every allegation in NMO, she hasn't provided evidence yet.

My son has a video that shows her having a tantrum and throwing a controller in the direction of my grandson.
He also has a video of her withholding my grandson from going to the park with my son until he gave her money.

The police have seen and logged these videos.

He is still awaiting contact from CAFCASS for safeguarding check but has been assured they will contact him on Monday.

Any ideas how the court may view this?

*What are the chances of my son getting some contact ordered at first hearing?

*Will they consider my son having residency until further checks etc?

So confused and sad that my grandson is suffering ☹

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Urgent Advice Needed Defending Non Molestation Order 4 months 3 weeks ago #97517

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At this stage and with the complexities of your sons case, it’s impossible to make any predictions.

It will probably depend on what recommendations CAFCASS will make, the court will generally follow these. CAFCASS will obtain any history of involvement with the police and local authorities, so there should be information regarding her possible criminal charges.

With the possibility of charges of assault and coercive control, a further, more detailed welfare report is likely to be ordered. Courts don’t usually decide on a way forward until they've had sight of the reports.

Your son can make the point to Cafcass that he would like his child to be placed with him in the interim, due the risk the mother poses, and the possibility of criminal charges... they may want to see how that develops.

He should prepare a brief position statement to,take with him to the hearing, just a couple of pages with a short history, his concerns and what he would like to happen.

Hopefully he will get the cafcass report in time to see how the land lies, if it’s favourable, with any luck he will get some contact.

All the best
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Urgent Advice Needed Defending Non Molestation Order 4 months 3 weeks ago #97519

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Thank you Mojo

There are no previous involvement with the police or Authorities for either parties.

She made a few calls to the police in the weeks before she left but that was just asking them how she gets him off their joint tenacy. Then a few saying he was taking her car and just silly stuff.

I think she was trying to build a false case against him but it never went anywhere. He was never questioned or cautioned or anything.

Great advise as always. We will get moving on a position statement.

Could I be really cheeky and ask if you would be willing to read through it when it's done?
It just feels so important I don't want to get it wrong.

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Urgent Advice Needed Defending Non Molestation Order 4 months 3 weeks ago #97529

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I’ll PM you

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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.

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