Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
C100 - Non molestation & prohibited steps
#1
Hi,
I’m at a loose end and need some advice. 
 
I apologise in advance for my pigeon English, bad spelling, punctuation, grammar etc. 
 
My Ex-partner and I have been split for nearly six years now; we have one son together (6 years old); EX has new husband and baby.
 
I’ve had a court ordered Child Arrangement Order since Jan. 2015;
·        I have son every Wednesday - Thursday over night (pick up and drop off to school);
·        every other weekend, Friday to Monday (pick up and drop off to school);
·        we split half terms and summer holidays;
·        there have been no  issues with this arrangement as I have had no face to face contact with EX apart from on email, or text (when she hasn’t blocked me).
 
I had an argument with my ex last weekend, when my son was with me. My son had been naughty so I disciplined him by saying he wasn’t going to football, I explained why he wasn’t going and put him to bed to settle down. The issue is I told his mum she could take him to football, and although she agreed to the punishment first of all; saying it was “my house my rules”, this didn’t last long because she came up round my flat banging on the door and shouting through the letter box.
 
I opened the door and shut it behind me, and tried to get her husband from the car to calm her down, but she managed to wake our son and our son managed to open the flat door and she went in and picked him up, and started to take him out of my flat. I ran back up the stairs and she was screaming hysterically, and my son was in tears...  I got back into the flat and as she was passing me she was screaming help, help, help, so I ended up pushing her out of the flat, out of shear frustration. 
 
I went straight to the police station and gave a statement on what happened because I knew my ex could twist things against me.
 
I text my ex’s husband later on in the afternoon to ask if they would be dropping our son back to me but they refused. 
 
On the Monday night I was served an emergency non molestation order and prohibited steps order.  I was arrested for ABH at 1am on Wednesday and released at 14:30 same day, with no charge, as CPS agreed NFA (no further action).
 
I had court today, and I contested the non -molestation order/ prohibited steps order. 
 
I’ve got an evidence hearing in four weeks and the molestation order/ prohibited steps order stays in place until then.
 
I can only contact my son, by phone, at 7pm on Tuesdays.
 
I’m really not sure what to do, I was thinking of sending in a c100 form to see if they courts would reassess the situation before the evidence hearing but I can’t afford the fee to do it.
 
Is it best to sit tight for four weeks and get my evidence in order to send to the courts in the next few weeks?
 
Does anyone know of a good family lawyer in the south London/ greater London area? Or where I can get some free advice from?
 
 Thanks in advance.
Reply
#2
Hi,

My advise would be to clear first the non-mol and PSO orders and see what comes out of that. Does those orders say you can only have contact with your son via phone?

I would not yet apply for another new child arrangement order - since there is already one in place you can only vary this one anyway. You are happy with that arrangement and it has been going well. Your child is also used to this routine.

Your aim is to re-establish the contact pattern asap but before the other stuff is not looked at you will not get anywhere I believe.

It's hard but I would sit tight for the next weeks and take action depending the outcome of your next hearing.

What evidence will there be?

There will be the police records - NFA

GP notes / certificates - if needed challenge such material being used as evidence on the basis that her GP is not qualified or has not shown that he is qualified to submit medical evidence to court.

Any witness - word against word.

What do you think but I believe your ex has not much powder to shoot with?!

F.
Reply


Possibly Related Threads...
Thread Author Replies Views Last Post
  Next steps if ex does not adhere to prohibited steps order grayzo123 2 3,126 07-27-2018, 11:37 PM
Last Post: Charlie7000
  Specific issue or prohibited steps? TheDetective 8 7,843 07-15-2018, 05:25 PM
Last Post: warwickshire1
  Urgent ex parte non molestation and C100 recieved SM86 1 2,525 03-09-2018, 10:18 PM
Last Post: Rjc
  MIAM's and Prohibited Steps Order Grupetto 1 2,934 08-29-2017, 08:10 PM
Last Post: MarkR
  PSO - Prohibited Steps Order AnomDad 4 6,526 06-22-2017, 02:43 AM
Last Post: MarkR
  Prohibited steps order sutty72 3 5,919 02-11-2017, 04:52 PM
Last Post: MarkR



Users browsing this thread: 1 Guest(s)