Hi,
So I had some guy serve me papers stating my ex is taking me to court for a non Molestation order as she doesn’t want to tell me or give me good reason as to why I’m not seeing my child nor does she want to answer what happened to the sending off of our little girl who unfortunately died at 13 weeks of a rare genetic disorder. We spoke about it but now I’m a monster who has been harassing her when all I want is answers.
I haven’t been to her home since November 2021 when I was there over night last. I haven’t been to her work. I’ve emailed her asking questions and trying to rectify. She confirms she doesn’t FEEL comfortable with me being around my son even though I have two girls 9-12 who she knows adore me and I them. This is control. Because she doesn’t want to talk she stated in her original statement that she is anxious, at her wits end, stressed and all the emotions around paranoia.
she confirms I haven’t been to her place of work or home. She confirms no domestic violence. She confirms she doesn’t fear that. I picked her statement apart with facts and evidence of and showed that I’m just a frustrated dad wanting answers who’s olive branches have been cast aside. She also told my daughters mum I abuse drugs which was used in court against me. Failed of course as it is evident this is a lie.
she accuses me of suffering bad mental health but I assured her I don’t but without proof of ANY claims the court listened to her and issued her the NMO without my attending court.
I told the solicitors I don’t do email and all correspondence must be through the post. Instead I receive an email 27 hours before the hearing which I didn’t see til after the NMO was issued.
I do not want these restrictions on me. I have zero desire in seeing her I want to see my son.
but now if I ask for reasons of my not seeing him instead of the usual ignorance I could now be arrested and face prison.
I want to fight this.
many advice would be great. Cheers
hi,
unfortunately this happens quite often, after a break up, a NMO is issued. in court you should have the option to either accept NMO as an undertaking, to not bother her, or you can contest it. if you are seeking access to child, you can still apply for a child arrangements order, and courts can decide on next steps to take.
here is some useful info on dealing with NMO's:
If you are not seeing your son, then you need to apply to court on a C100 form. You will be except from mediation as the non mol is in place. There is guidance on this on the advicenow.org.uk website. You can also apply to have the non mol lifted. You can explain that you were not aware of the proceedings. However, if you don't want to see her then perhaps thats not the battle you need to fight. Its more important that you get to see your son. You're right that you cannot contact her to ask but that was fruitless anyway. The C100 application seems to be your best option now.