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TOPIC: Changing Child Arrangements Using Non Molestation Orders

Changing Child Arrangements Using Non Molestation Orders 1 week 6 days ago #105126

My legal saga continues.

I have recently successfully applied for a CAO to take my children overseas.

I have also applied to have the ex share travel to and fro for the kids. This was also granted (120 miles between us. - she would have to do a leg of each sleepover)

To say that the ex was displeased is an understatement. The judge told her at the time that she can try and put in an application to vary or appeal.

She didn't.

What she did instead was put in a non-mol, claiming a bunch of false stuff and asking for the court to "protect her" from these trips.

The reality is that she was trying to legally wrangle her way into not following the order to share the trips.

She lodged her application without notice (!!!).

A judge intercepted this, refused to issue anything without notice during a hearing I didn't know about, and redirected the case to the judge that handled our CAO case.

That judge in turn saw through her, and made an order for a hearing where i would be present to see whether I am ok with having the children handover away from my house.

I would be ok with this in principle, but I am quite annoyed that the non-mol is being used to clarify or essentially vary the CAO.

I think should it come to it, all of her allegations can easily fall through during cross examination.

My concern is that by me agreeing to this handover step, I am tacitly admitting to the crap she wrote.

What i really want is for the whole thing to be dismissed - if she really was concerned she should have raised this during the CAO hearing, and she should either have to vary or appeal or whatever.

Using a non-mol is just rather wrong. Pretty sure she also used it to abuse the fact that she wouldn't have to pay for it (a variation or appeal would cost money).

Thoughts on how to handle this are welcome.

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Changing Child Arrangements Using Non Molestation Orders 1 week 6 days ago #105127

hi,

sounds like the judge's have handled this sensibly and saw through her nonsense. at your next hearing you can tell court that its entirely unreasonable for you to travel such long distances to collect and drop your children yourself, and it should remain as a shared task between both parents. is there anything else that has not been covered, do you get half of school holidays?

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Changing Child Arrangements Using Non Molestation Orders 1 week 5 days ago #105136

I deeply sympathise - my child's mum went down the false accusations route in response to my C100 / C1A. Although her accusations didn't directly cause me to lose time with my child, they were a major contributor.

It is unbelievable that courts entertain accusations against men without evidence, while at the same time, they won't respond to very young children saying they are being hit by one of the co-parents (in my case, mum and mum's parents) unless there is a mark (i.e. evidence). It is horrifically inconsistent, and completely back-to-front. The Family Court basically is saying, "a man is an abuser as long as mum says he is, but a child isn't being abused even if the child says he/she is."

The Family Court has to wake up to women using what's been in the media re: domestic abuse to their advantage. Likewise, the Family Court should realise that men are far less likely to ever report or admit to being abused, and that it is very common for men to be the abused individual in the relationship (especially mentally and emotionally).

And again, I totally sympathise. I wish I could fix the shambles of a system we have to work with in order to protect and provide for our children.

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