[Solved] non molestation order

Hi

I'm afraid at such short notice, there is very little help we can give. If there are children involved, you could give the Children's Legal Centre a call first thing in the morning (there is a link at the bottom of the forum), otherwise try the CItizens Advice Bureau.

thanks. lost the house to day molestation order over ruled. she said that she would not stop contect but i will not been seen my kids for over three weeks life is s---- .i just feel there is no point in going on it's just money after money.is there any thing a dad can do ???????

thanks I lost my home to day but had molestation order over turned have to be out in 14 days.she has stop me from seeing my kids as well life is s--- is there in point in going on it just seems money after money is there light at the end ????

Hi Chris. Hang tough mate. It is a horrible state of affairs and I am going through something similar in resepct of my daughter.

Your kids need their dad so please hang tough!!

Hi Chris,

It's quite difficult to know how best to advise you without knowing a little bit more about your situation.

How many children do you have and how old are they? Do you have parental responsibility? Does your name appear on their birth certificates.

Can you give us a brief overview of your situation?

Best wishes,

FM '70

There is light at the end, I had a non molestation and contact to my Daughter down to one short supervised visit a fortnight. I had my cafcass interview today albeit taking a long time to come around (nine months in the organising in my case but this was very unusual) they said I had been treated appallingly, my ex has been acting ridiculously and they will move to get appropriate unsupervised overnight contact in place as soon as possible. You can read horror stories about the court process and cafcass but the facts speak for themselves and they will not allow your situation to continue indefinately without there being a proven serious risk to your kids. Law is moving slowly in the right direction.its a long haul but you will get there. get a contact order application submitted, represent yourself if need be, New house in two weeks, prepare it for when the kids come back, think positive, keep your cool and all will come to you. Time flies whilst you are waiting and in a year you will be wondering why you were feeling so hopeless!
Good luck!

Yes i do have parental responibility and on all birth certificates.AS i said lost my home and now she is stopping me from seeing them,she told her mum that i will have to go through the courts which will cost arm and a leg.Is there an other way off do this.She is driving me into the ground are all mum's like this full off hate???.As she left me for another man.

Hi Chris,

Is the house being repossesed? Or have you had to sell it due to the split? I would always suggest that when it comes to property and divorce, you're better off getting professional advice from a solicitor. Most firms offer a free 45 minute consultancy, so if you're stuck for what to do for the best you can meet with several and get an idea of potential costs along with a bit of free advice.

However you do have other options when it comes to the issue of your children. If you can't afford a solicitor or don't qualify for legal aid, you can represent yourself regarding contact and you'll find a comprehensive guide at the top of the Legal Eagle forum that one of the other Dads produced.

If the mother is not willing to entertain mediation you should apply for a contact or residency order. The residency order would be more difficult to obtain, because the courts are unlikely to remove your children from their mother unless there is a genuine welfare risk.

On what grounds was the non molestation order issued? How did your solicitor get it overturned? The fact that you have managed to have this reversed puts you in a much better position regarding future contact.

FM '70

Just wanted to add that if you are no longer represented by the solicitor you used yesterday, you can obtain free legal advice regarding contact with your children from the Coram Children's Legal Centre (CCLC). There's a link at the foot of this page that will take through to their website.

You can use their online webchat facility. Alternatively you can call them on a freephone advice line number is 0808 8020 008 and available Monday to Friday 8am-8pm.

NO solicitor yesterday just me in court and her solicitor, got it overturned all by myself i was shaking like a leaf when talking to the judge.I Just said that non molestation orders are given out like jelly beans,and for ever100 give only 30 need to be put in place.I was order'd out off the house by the courts,she what me out in 7 days but i got 14 days to leave.

NO solicitor yesterday just me in court and her solicitor, got it overturned all by myself i was shaking like a leaf when talking to the judge.I Just said that non molestation orders are given out like jelly beans,and for ever100 give only 30 need to be put in place.

Well done and well said!

I would speak to the CCLC on Monday for some further advice about securing contact with your children. You'll also find Yoji's Guide To Representing Yourself In Court really useful and you'll find it located at the top of the Legal Eagle forum.

I'm sorry to hear about the house. Is it being sold? Have you got somewhere else to go to?

Well said that man!

Hi Chris,

What did you say to the judge to get it overturned?

I am going to trial in a few weeks, my wife has a non-mol order out against me, but she has no proof and there is no history. I however have lots of witness including the children's nanny who will come to trial for me. My barrister is pretty confident but it sounds as though it depends on the judge on the day?

Thanks

D

Hi Don,

I believe Chris was quite succinct and just explained that there was no justification for it. His account of the conversation is detailed below...

NO solicitor yesterday just me in court and her solicitor, got it overturned all by myself i was shaking like a leaf when talking to the judge.I Just said that non molestation orders are given out like jelly beans,and for every 100 given only 30 need to be put in place.

Hope that helps?

FM '70

Thanks FM '70

My wife is desperate for me to take undertakings now relating to the non-mol order, I take it she wouldn't be offering this unless her solicitors were worried that she was going to have trouble at the trial. Given that she lied to the police? I get a letter nearly everyday asking me to re-consider the trial and to take the undertakings, which quite frankly I am not going to do as the undertakings are really not going to help me.

D

Do you have a solicitor or are you representing yourself?

I have a solicitor and a barrister, I am not taking any chances. I also have over a dozen witnesses, she has nobody.

Thanks

It doesn't sound like you've got too much to worry about and I suspect that things will go well.

Let us know how you get on 🙂

Will do, thanks for the confidence boost.

D

you will be ok mate i did it by myself.i am going back to court to fight for my kids and i am doing by my self again

hi all just to let you know on wed i was take into hospital, I should have been out off the house on thu the 16 aug could not do that as being in hospital on a drip. But by God she when to the the police to have me arr't again for braking the court order.lucky for me they told her that they could not as it was not done.now she will not let me get my stuff from the house what a WOMEN are they all like this if it do's not go there way ????

No, not all women are like this - you tend not to hear about the ones who are reasonable. Same goes for men 🙂

Hi Chris,

Make sure that you have evidence from the hospital (i.e, a doctors note) to prove that you were indisposed. Go back to the court about a variation to ensure that your ex allows you access to take your belongings. I would imagine that this could be done without a hearing, but speak to the court about this directly.

Good luck!

thanks will go to the courts to try to sort something out :boohoo: