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TOPIC: Non molestation order

Non molestation order 2 months 3 weeks ago #97178

Plz help , my son has just been given an NMO , 4 pages of constant false statement from her , I believed she did this cos my son had already tried to get her to go to mediation which she didn't attend cos the NMO was dated after she got the 1st invite. They split back in Aug 18 & had access to his son every week up until Dec 18 , she is in a new relationship 2 days after he moved out , he has always been civil to her since the split . then she started being awkward bout letting him see his son . He now has the C100 form but now he has been given the NMO , does he still go ahead & fill it in & also what happens at the 1st hearing

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Non molestation order 2 months 3 weeks ago #97182

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Hi again,

We did respond to your previous post, I've copied and pasted what I said below -

...Your son will be given the opportunity to give his side of things. Some points to consider -

If she is alleging abuse, why was she happy for contact to go ahead regularly up until December, if she thought there were risks?

How did the handovers take place, was his son picked up and dropped back at the ex’s house? If he was then again that might weaken her arguement.

If the allegations are all historic, think about what evidence your son can supply that can show that what she is saying isn’t true. Check through his texts to find messages that might shed light on their relationship and put a question mark about her allegations that the relationship was abusive.

It would be helpful if your son prepared a brief two page position statement, to give the court a little more detail about his side of things, mentioning the points I made above, if they’re relevant.

Sometimes the court will offer an undertaking, which sets out certain conditions, but allows the person to accept the undertaking without accepting wrongdoing.

All the best

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I'm not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

I may not be legally trained... but I have plenty of experience and common sense!

Non molestation order 2 months 3 weeks ago #97183

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As Yoda said previously, if she submitted a full statement with her application, your son can respond to that addressing her points in order and attaching any evidence he has.

As far as the C100 application, as there is a case open now, your son could ask the judge at the hearing for contact to considered. The judge may want to deal with the NMO first, but if your son takes the completed form with him, they may accept it... he will just have to wait and see how it goes.

All the best

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DadTalk Moderator...

I'm not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

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Non molestation order 2 months 2 weeks ago #97272

Thank you , 90% of the time I was with my son picking my grandson up & returning him back to his ex , to me they didn't say anything untoward to each other . She even on 1 occasion showing my sons tattoo off to her father . I'm not sure if the new boyfriend has anything to do with it as he posted just b4 xmas that he was with his fiance & OUR son . My son mentioned this to the ex in which he got accused of stalking , I have also been mentioned in the NMO bout things she has accused me of which are totally untrue, all the things she has mentioned there are no specific dates or times

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Non molestation order 2 months 2 weeks ago #97273

The C100 has not been sent to courts yet , we have been to see a solicitor & he said to deal with the NMO 1st if not it could add fuel to the fire , all he wants to do is see his son , he's not interested in her at all

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Non molestation order 2 months 2 weeks ago #97283

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It's a difficult time for you and your son. Try and stay strong, deal with the NMO and have the C100 prepared and ready to submit... if your son is representing himself in court, there's nothing wrong with taking it to the hearing and asking if it may be submitted... some judges will allow it, some won't.

Best of luck

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DadTalk Moderator...

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Non molestation order 2 months 2 weeks ago #97292

Had contact from my sons solicitor today as he contacted the exs solicitor to see if she would agree on the undertaking , she's refused & want the order still in place . I dont trust her 1 bit . If shd czn make a false statemdnt whiseto say she wont lie again to get him arrested Whati don't understand is, aint the judge who makes the final decision , any evidence has to be done by affidavit 48 hrs b4 his case . Like I saud b4 they split up 6 months ago , my son hasn't had much to do with her only to do with his son , she's not taking into account of the child only herself,
Do my son dispute it fully or still try & get the undertaking

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Non molestation order 2 months 2 weeks ago #97299

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This might help to understand the process...

www.thecustodyminefield.com/flapp/nonmolestationorder.html

...after reviewing the evidence, a judge can offer an undertaking, or it may go to a contested hearing. There’s no way of knowing, just try and concentrate on gathering evidence to dispute her allegations. Does your son have a solicitor to go with him to the hearing?

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I may not be legally trained... but I have plenty of experience and common sense!

Non molestation order 2 months 2 weeks ago #97307

My son wont speak to his solicitor until Monday morning as we tried to see him yesterday but he was in court on another matter . He hasnt agreed to solictor to being at court with my son as of yet. I don't think my son wants to contest it not does he agree on the allegations made against him . We have left some evidence with the solictors secretary yesterday , these are text conversations between the 2 of them & screen shots & cos I have been mentioned in the allegations also where I know these are lies , I can defend him on these too. The court date is on the 14th Feb so really running out of time, any evidence needs to be sent off on Monday as they gotta beg in 48 hours b4 his court date

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Non molestation order 2 months 2 weeks ago #97309

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An undertaking would be the best bet then, unless your evidence is strong enough, accepting an undertaking isn’t an admission of guilt.

You have a busy weekend, just concentrate on getting a good case together and try not to worry about what ifs and what might happen... or about what she may or may not do, that will just cause more worry and you both need to be clear and determined right now.

All the best

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DadTalk Moderator...

I'm not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

I may not be legally trained... but I have plenty of experience and common sense!

Non molestation order 2 months 1 week ago #97313

Yes an undertaking would be the best option , my son has proof on certain things that she has said but can't prove 100% of it as it's her word against his on the others . I will keep u updated to see what happens on Thurs , fingers crossed
Thanks for ur input

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Non molestation order 2 months 1 week ago #97335

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I am surprised the solicitor has told you to wait regarding the C100 application. It's very common for Child Arrangements Order proceedings to be combined with the NMO as one has an effect on the other. Waiting until the NMO is dealt with and then making a new application would (in my opinion) just slow things down.

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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.
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