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New Non Molestation Order whilst court order for child contact is already in place
#1
Someone came and hand delivered a non molestation order this morning. It is pending to be either discharged or enforced depending on outcome. it's a application made by the mother. First Hearing is end of July. Attached with it is a position statement making a load of fake allegations.

Why would someone apply for a non mol so late in the process, I've already gone through safeguarding, s7 etc and I've already got a court order for contact in my hand from sept 2019.

How will this affect the current situation, current order and the varied order that I have applied for.

Current situation is

She emails me weekly update on child.

Regarding whatsapp video call once weekly, I email her every wednesday selecting a slot of 5-530 or 530-6. The video call takes place.

Once contact centre opens up again I will try and see my child again on a fortnightly basis while waiting for the next hearing regarding contact and CAFCASS intervention.

I am still allowed to email her regarding child right? Or am I in breach and they can arrest me?

Cruella Deville is attacking me from many directions, criminal damage, arson, non molestation order, how do these people sleep at night all cosy... are they that miserable that they have to do all this???
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#2
do you already have a non molestation order against you at moment before you had this one hand delivered
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#3
(07-04-2020, 09:33 AM)warwickshire1 Wrote: do you already have a non molestation order against you at moment before you had this one hand delivered

No molestation orders at the moment.. this is the first time.
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#4
probably wont happen then unless she has evidence. you wont have one at moment she has just applied for one
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#5
Question is why have they only done it now... does their timing have any bearing on the whole thing. I mean are they thinking
--contact centres are going to open very soon,
-another s7 will be compiled,
-order will be varied in the near future

and they need a playing card in their pocket for their own benefit?

I will defend myself by all means and I dont think they'll get their non mol order.

Is a person limited to how many non mol orders they can make? If their first attempt fails can they then easily apply for another one?
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#6
If they fail with one attempt it will be a lot harder to make a 2nd attempt. they will need evidence to get one. what you got to do is forget about ex and her nasty little antics and don't retaliate ever . ex partners have ways of manipulating situation so you are to blame. to avoid this don't engage ever. all interactions should be about your children only and civil texts.
unfortunately it is frustrating she can do what she likes without consequence at moment Sad. and albeit its very hard don't counter - act what shes doing as she will just keep coming back trying to make your life a misery Sad
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#7
(07-04-2020, 09:30 PM)warwickshire1 Wrote: If they fail with one attempt it will be a lot harder to make a 2nd attempt. they will need evidence to get one. what you got to do is forget about ex and her nasty little antics and don't retaliate ever . ex partners have ways of manipulating situation so you are to blame. to avoid this don't engage ever. all interactions should be about your children only and civil texts.
unfortunately it is frustrating she can do what she likes without consequence at moment Sad. and albeit its very hard don't counter - act what shes doing as she will just keep coming back trying to make your life a misery Sad

No plans to retaliate. We are the beggars at the mercy of the court.

Just defend is the primary mission.

Hope court and bench is fair, I dont need this non mol, they're all lies.
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#8
Also keep in mind the statement 'it is pending to be either enforced or discharged depending on outcome' is an important statement. There will be some kind of hearing to go over the accusations and you get chance to defend yourself. This is all the common tactic of spiteful exes so very much par for the courses. Needless to say enforcement of Non-Mol will impact children access. So strongly recommend defending yourself.

Like Warwickshire said, you are good to keep the email going, but keep it to absolutely children focussed, don't walk into the trap of ex if she is trying to incite you, which sure she will.
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#9
Forgot to mention, at the end of the Non Mol order, it says I am entitled to discharge or vary the order before the dae of the next hearing by making a request within 7 days of this order being served on me. if I do write in, the hearing will be brought forward.

So I think I have to write in straight away asking for it to be discharged for reasons including

- I refute all allegations (i'm telling you, all lies)
- Allegations are non factual
- Allegations are the same as or similar to the allegations made in a previous child arrangment order case ref:XX00000 and the magistrates deemed it not worthy of fact finding
- No basis, no evidence

I am thinking of dropping information and previous child contact case reference in there regarding the crimes that took place where I am the victim since the child contact order was issued last Sept 2019, i.e. car arson, threatening phone calls, property damage x 5 occasions and that the vandals were caught, arrest by London MET imminent.

can anyone suggest anything else I can include which supports my defence?

Thanks
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#10
definitely yes for early hearing and early discharge. Making allegations is easy but the burden of proving them with evidence is on Ex.

I'm not so sure about making counter allegations in response to allegations, UNLESS you have very hard evidence of Ex is acting in a spiteful manner. You could certainly make references to the fact that you have been subject some harassment but making allegations and not producing anythng to back it up would run the risk of putting you in on same pedestal as Ex.

I believe your focus should be safely and calmly taking yourself out of this Non-Mol situation.
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