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TOPIC: Access to children

Access to children 3 weeks 1 day ago #99777

Today I've successfully got an ex parte non molestation order on my ex whom left last week . Shes been physically abusive to me, whilst due to her constant flirting on Facebook I was verbally abusive on some occasions. Shes moved to a friends but end of next week has another house to move into and refuses all contact with me including access to my two youngest kids she has with her.
She is she is due to be served this non molestation order this weekend by bailiffs however my question Is the next court hearing will they also cover my rights to seeing my kids because once she moves house its going to be difficult tracing where she lives.

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Access to children 3 weeks 1 day ago #99778

Hi,

if this is only concerning NMO, then as far as I know, nothing will be done about child contact, unless you apply for a child arrangements order (c100 form).

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Access to children 3 weeks 1 day ago #99779

If I fill that form in do you think they'll hear it in the same hearing as nmo

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Access to children 3 weeks 1 day ago #99783

hi, am not sure. you could try contact the court and ask. or ask your solicitor/barriser if you have one.

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Access to children 3 weeks 23 hours ago #99790

  • Mojo
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Hi there

You can submit form C2 to make an urgent new application within the existing proceedings (the NMO case). You shouldn’t have to submit form C100 too, but we’ve had a couple of members having to provide both forms, so I would have it prepared.

It might be helpful to prepare a brief position statement to explain that she is refusing you all contact, she is physically abusive towards you and you’re concerned for the children’s welfare when she moves, as you won’t know where they are.

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.

Access to children 2 weeks 5 days ago #99829

  • Yoda
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Mojo has given good advice.

Prepare a C2 and a C100. If they won't accept a C2, you have the C100 ready to go.

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DAD.info Moderator

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.

Access to children 1 week 4 days ago #99954

Update .
Nmo was issued 28th june . C100 on the 1st july. Both case numbers were combined for the 5th july .
Nmo discharged and both parties agreed undertakings which mirror the nmo . We can only discuss the kids by text or email only . She refuses to respond by both methods and next court hearing is 2nd September
Any advice.
She counter claims domestic abuse with regards verbal attacks. That's because she's acting like a tart on social media receiving dirty pics

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Access to children 1 week 4 days ago #99962

If she is refusing to respond to texts and email then DO NOT send anymore! Contact her via legal route only if she has a solicitor or deal with her in court!

My ex tried to get a Non-Mol against me, I fought it and we did the same…give an undertaking to the court that the only correspondence between us would be the upcoming sale of the house we jointly owned….no correspondence regarding the child.

I had estate agents calling me because they couldn’t reach her, I messaged (as was specified in the undertaking) and she didn’t respond…I sent a total of four messages over the week telling her that the estate agents were trying to arrange a viewing and needed her to speak with them.

That Friday evening I had two very intimidating police officers come to my house trying to give me a verbal harassment warning….
Luckily I had the court doc with me and the messages saved to show them….they went away and were supposed to be then warning her about wasting police time….

Fast forward 3 weeks….i got an invitation to attend the police station to discuss this….when I turned up I was told they were going to issue me a written harassment warning….luckily again I had all my court docs and messages etc… and refused to accept this and asked to speak with the duty Sargent and his superior.
The duty sargent looked at my docs and the messages and agreed that I should not have been threatened with the harassment warning and that they again would be speaking with her about wasting police time!

Fast forward another 4 weeks, I get a call inviting me to the meet with the Domestic Violence Unit at the ex’s local police station where they again tried to give me the written warning…again I had all the evidence to prove the ex lying but this time the female DCI refused to accept it…I refused to accept their warning and issued a complaint against the DCI for the DV Unit….

The end shot of all this was I ended up speaking with the Chief Constable of the county…as by now 3 months had passed and we’d been to court and the court had dealt with things the Chief Constable said that he didn’t need to press charges against my ex for wasting police time!
Yet another brush under the carpet of her wrong doing!

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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!

Access to children 1 week 3 days ago #99981

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Follow your court orders & take the advice above.

If she's breaching the order, deal with it at the next hearing unless it's a major breach and gives you cause to write to the court to ask them to bring it back earlier.

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DAD.info Moderator

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Access to children 1 week 3 days ago #99982

  • Jmax
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Just thought I would add a comment I read about non mol orders on mums net, in relation to an ex contesting an order:


"I suspect the magistrates will have heard it all before and will know that denying abuse is what abusers do. It's almost a circular argument he's got himself into... If he's not abusive the respectful thing to do is not challenge the order. But he is, which is a sign of abuse.

Try not to worry. Easier said than done I know. But the courts aren't stupid. They know all their tricks."

Is it just me or is this not the most crazy thing you have heard?

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Access to children 1 week 3 days ago #99984

Very stereotypical

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Access to children 1 week 2 days ago #99986

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Positive news on the cross undertakings... were you able to reach agreement about contact with your kids?

Agree with Yoda, if it’s preventing contact going ahead, I would think about contacting the court and asking for a return.

Jmax...there’s no denying that courts get it wrong, but most parties are fairly accepting of the outcome, and I suspect it’s the kick up the pants that some parents need, to start co parenting fairly.

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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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