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TOPIC: Non-Mole Planning Ahead

Non-Mole Planning Ahead 1 week 5 days ago #106561

Hello Everyone,

I am new to the forum so apologies if i have posted this in the wrong sections.

Bit of background, in October 2019 my wife who I have been with for 21 yrs and married for 7 yrs with 4 kids (13,8,6,4) had left me and was half way to Scotland. She had taken the kids out of school and also took the family dog. I was devastated. I pleaded with her to return but instead she applied for an Occupation and Non-Molestation order on basis of domestic abuse which is false as I have never abused her. Later I heard that she has had accepted a job offer and was due to start in December 19. She had been a stay at home mum for 13 yrs and I have been the main provider.

In court as per my solicitors advise I agreed to an undertaking for occupation of 6 month (ended in May) and Judge ordered Non-Mole for 12 month, ends in November 20. I am currently living back with my parents and still paying my mortgage. I get to see my kids regularly 3 times a week. Communication was via her solicitor which she no longer has as she is not eligible for legal aid. Her solicitor provided me with an email address to contact her only regarding changes to child contact arrangements but there has been no need as all is going as per routine. She now hides behind the door when I collect and drop the kids off and switch off the light so that I can't see her.

Although the occupation undertaking ended in May the home is listed under the zonal section of the Non-mole. My solicitor advised that I do not go to the property and instead apply for the vary on the non-mole if i wish to return sooner. Which i dont at the moment as i feel its not safe to live with her just yet so I am thinking of waiting for the non-molestation to expire before i return to my home. However I am worried that she might apply for an extension on the basis that I have no urgent accommodation needs and I can continue to live with my parents.

My question is, can she apply for an extension on the non-molestation after it expires if it hasn't been breached?

Also if it doesn't get extended is it a simple case of me going back to my property after it expire in November?

Thanks in Advance

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Last Edit: by Getu1981.

Non-Mole Planning Ahead 1 week 5 days ago #106562

Yes she can apply for the nonmol again.

If so you'll have to contest it.

Yes, on paper, you can go back after the nonmol if it expires.

But I question the wisdom of doing so.

She went nuclear on you, this relationship is dead. Perhaps you realise this already, perhaps not.

I strongly suggest taking the action is to untangle yourself from this situation financially - get a divorce and settle finances, and move on with your life.
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