How To Remove A Non Molestation Order
Hi Everyone
I have been reading all the fab advice on here and wondered if somebody could help advise me please.
My son's and his partner separate upward after he found she was talking to men online. Realising there was no chance of a reconciliation she left unexpectedly taking their 7yr old son with her.
He didn't know where they were and was worried sick well-nigh his son. He and his son have am astonishing bond and take never spent a day autonomously.
He frantically texts her asking to run across his son or to speak to him for just a minute to make certain he was ok.
After two days of no reply or contact from her my son informed her he was filing C100 at courtroom.
He went ahead and filed it but it was returned as the aid for fees was declined.
At the same fourth dimension equally receiving the returned C100 he likewise received a Non Molestation Society. It has all sorts of false allegations on there about domestic abuse etc. He has messages and pics that prove they are fake so is confident to defend information technology.
My question is this:
When defending the NMO can he submit his own awarding for a NMO against her as function of his defence force or does he need to submit information technology to the court in a separate instance?
She is getting arrested for controlling and coercive behaviour so my son fears her and her family unit are going to make his life hell.
The hearing to reply to his NMO is in 4 days.
The hearing for Child Contact Arangements is a separate case in a separate court and is in 2 weeks.
My son has not seen his son for v weeks now.
Are there any other applications we can brand at his NMO hearing?
And then lamentable for the long post but I'thou really grateful for any advice.
Cheers
Topic starter Posted : 12/02/2019 i:19 am
Hi
If you're intending to apply for your own Non Mol and she is being arrested, I would suggest you lot contact a lawyer who takes on Legal Aid clients.
If yous do this yourself, you tin complete a C2 form for the NMO and take this with yous on the day.
Your son could ask the court at the NMO if they will touch briefly on the upcoming C100 hearing and if they will combine the proceedings as one will bear on the other.
There aren't any other orders y'all can utilize for.
Just effort to focus on moving forrard for the child.
Posted : 12/02/2019 4:54 pm
Hi Yoda
Thank y'all so much for your advice.
My son is on high alert with the police and so he wants to avoid obtaining a NMO at this bespeak. Such animosity is never adept.
I am confused if my son should exist doing a witness argument or position argument.
The directions state that any evidence should be filed with the applicant solicitor in advance of the hearing. We have tonnes of evidence and have started a statement to answer her allegations. We just aren't sure what to name this statement.
Too can we ask the guess if he would consider ordering some kind of contact to embark prior to the showtime contact hearing in a few weeks time? Fifty-fifty just a phone call would be sufficient right now. We are desperate to know he is ok. We really miss him
Thank you
Topic starter Posted : thirteen/02/2019 7:15 am
Hello there
A position statement is a very brief two page argument and evidence can't be attached to it, this yype of statement can be taken with y'all to the hearing, or filed a couple of days beforehand.
If you have been ordered to file evidence, It would be attached to a full argument. You lot would respond to her allegations in guild, in numbered bullet points, referring to the relevant show you take inside each bullet point, giving each piece of testify a reference number and attaching it at the back of your statement. The reference number would exist your sons initials and a number, starting with one then 2 and so on. For example -
The schoolhouse contacted me in writing which I have attached (AB1)
I doubt the judge in the non mol case will agree to to discuss contact, merely equally Yoda has suggested, your son tin enquire for it to be considered and the for the ii cases to be combined.
Does his ex know she is to exist arrested? Even if he doesn't brand a counter NMO application, information technology would be of import to tell the court about the police force involvement.
All the best
Posted : 13/02/2019 4:04 pm
Hi Mojo
Give thanks you and then much for your advice and links they were extremely helpful.
We had the hearing today and the gauge has agreed to combine the 2 cases. I'thousand not actually 100% sure what this means but followed Yoda'southward communication.
She asked to nowadays evidence but requested that my son doesn't file whatsoever more?
In his statement my son referenced the crime that's been logged.
The estimate ordered full police reports, is assuasive more evidence from her and has allowed the gild to go along until they are back in courtroom.
My son finally done his witness argument for the police force today. They are charging her with set on as well. We didn't realise until today. Law also have videos of her using their son to get at Dad.
We are in kid contact hearing in two weeks and so he's waiting for cafcass to ring to do their condom guarding checks.
Information technology's a joke, she'south in a condom house getting loads of help and support, gets to keep my grandson away from us all yet she's the abuser.
Topic starter Posted : sixteen/02/2019 12:24 am
Also just to add, my son categorically refused to have whatever kind of undertaking.
He evidenced every single allegation she fabricated.
There is no way he is making whatever deals, he wants to clear his name.
Topic starter Posted : 16/02/2019 12:28 am
That's good news, it's simply better to take the proceedings under one umbrella, for continuity sake.
Things are moving forward, with the charges she's facing I would be very surprised if the NMO stays, simply I can sympathise why you feel frustrated and angry that she is still being protected. Hopefully all this will alter once the court has sight of the reports...They are naturally very cautious where there have been allegations made, but that doesn't aid you and your son right now.
Have you lot got a date for the next hearing?
Posted : 16/02/2019 3:29 pm
Information technology's simply such a frustratingly slow process.
All the time we are waiting it's another twenty-four hours of non seeing him and potentially more damage being done. We are a large family with a few little ones that run across regularly. My grandson will be missing usa all then much, it'southward heartbreaking.
I honestly call back she has malicious parent syndrome but from what I've read it isn't actually recognised in the Uk. She is definitely unstable. I honestly can't understand why whatsoever parent would put their child through this. Whether to get a house or to punish my son, whatever her reasons their should exist a law against it.
Nosotros oasis't been given a date for the return hearing for the Not Molestation Social club. She has to file her prove by the end of this month.
With the 2 cases combined does that mean that the judge who deals with the contact case will get to come across the paperwork for the NMO? I really hope so. Rather than relying on a separate judges determination.
Topic starter Posted : 16/02/2019 4:07 pm
Yes that's what information technology means, all evidence and paperwork will exist filed under ane instance number, so overseen by the judge sitting on the day.
Hopefully your son volition go the aforementioned judge for the next hearing, he can request that the side by side hearing is placed on the same judges list, for judicial continuity, although information technology isn't guaranteed. The approximate himself may have directed that it be listed with him... hopefully that will exist the example.
Posted : 16/02/2019 four:28 pm
That's brilliant news Mojo, thank you for clarifying.
We did ask the Clerk if information technology would be the same Judge sitting next time but she said it'due south unlikely as he isn't always at that Courtroom.
The Approximate was sympathetic for my son, peculiarly having had no contact, and acknowledged his "rather packed out" evidence.
Within my son's bear witness there are messages where the ii parties talk over her holding a knife to my son. She tells him he's out of society if he reports the mother of his child to the police.
Information technology is based on this testify that the police decided to pursue the assault accuse. She has been violent to him for years just this is the principal proof that was most recent (December 2022)
I'grand praying information technology is enough for him to gain suitable access for my grandson.
The Judge didn't fifty-fifty entertain her request for an occupation order. He asked my son why he wouldn't movement out so she tin come back with my grandson. My son reasoned that she chose to leave and will happily enhance his son if he were to come back home.
As no contact arrangements have been made yet I find it frustrating that information technology should be causeless that the female parent gets the domicile. Not all mothers are deserving or worthy to exist parents.
Topic starter Posted : 16/02/2019 v:48 pm
Source: https://www.dad.info/forum/legal-eagle/urgent-advice-needed-defending-non-molestation-order/
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