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Ex continuously tring to get me to breach order, no contact.
#1
Hi

Not sure if anyone can help, I have a 2yr 7month old son who I was the primary carer for until my ex began maternity leave towards the end of December, She used to work 4 days per week and leave home at 5:30pm arriving back at 9pm. Granted he used to go to nursery while i was at work which I paid £948 of the £1100 monthly bill for!! I used to get him ready, feed him, take him, collect him, play with him, bath him and do the bedtime routine alone on these 4 days and would also do at least 1 of the other three days. If my son was unwell or had an accident it was always myself who was called and would leave work, and either try to arrange my mother to care for him take unpaid leave or try to to work from home.

My second son was born towards the end of january, I was the first person to give him a cuddle when he came into the world whilst they were attending to her mother (little did I know this was to be my only propper cuddle with my baby)! 3 days later she issued me with an occupation order and non-molestation order, then proceeded to phone the police and claim I was verbally abusive, 5 minutes later social services were on her doorstep which she had previously arranged as apparently she was claiming I had been abusive and violent towards her for years!!

The police arrived and she changed her accusations telling them I had assaulted her, the police arrested me however did not charge me as it was clearly ridiculous and in her statement she changed her mind to say I had barged past her!!

we went to the first hearing and I found she had reported to the police on more than 10 occasions in the previous few weeks which she had crime numbers for claiming various acts of domestic abuse some so ridiculous as for example i had allegedly thrown something at her and at time this incident was supposed to have taken place there photos of her at a restaurant with friends on facebook. the police had not even contacted me about these never mind arrested, interviewed or charged me. I agreed to take an undertaking but she insisted on a power of arrest. 

we went to the second hearing and she was represented as she was claiming domestic violence, her solicitor opened claiming there was to be a section 47 issued in the coming days due to my abuse in front of children, there was no such order in existence and it was completely fabricated I believe to discredit me from the start. The hearing continued along this line with her lying under oath and me been bullied by the judge and her solicitor - she got a non-molestation against me in the end as I had try to call her 25 times in a 4 hour period which was deemed excessive despite the fact she had told me to and I was trying to arrange collection of my son the following day when I finished work.

I suggested in court if they gave her this order she would just use it to attempt to get arrested and stop me seeing the children at which her solicitor laughed at me and i was assured this could not happen.

Less than 24hrs later I had my son and she was trying to call me and texting me trying to get me to breach the order. The police spoke to her about this and made sure she was fully aware of what shes was doing. she did this on at 6 more occasions (I have the proof) so I phoned the police and reported it. they gave me a crime number and told me this domestic abuse by her. She subsequently has refused me any contact with my children, I have not seen my baby for 11 weeks-plus 2 weeks before hearing - so 14 weeks of his 17 week life, I have not seen her our eldest for 9 weeks!! social services said she cannot legally do this without a court order but I cannot go and pick them up due to this order i have so she is using it to enable her to stop contact.

Social services have advised her that she is not putting the welfare of children first and advised to go to court asap and that I wont need a solicitor as there welfare report will state that she has made all these unfounded and that there is no evidence and they have no concerns with me looking after the children and she has acted against there advice. we have equal PR.
  
Can I apply to have have this order discharged on the basis she clearly using it as a tool to abuse me and get me arrested, she is also using it to stop me having contact with the children and bad mouthing me to everybody implying I have been  convicted of her accusations which is ruining my reputation and causing a lot of distress, I believe the way she is using this order is also abuse on the children surely as I suggested this would happen in court it could be discharged?

Also on the basis she is acting against social services advice and refusing me my parental rights and the kids there human rights to a father - everyday goes by make it harder for children and she is using them as a tool this would qualify for an urgent hearing on welfare grounds?

I also plan to apply for an ex-partie non-molestation order in the interim to stop her deliberately trying to entrap me and destroying my reputation anf humiliating me on the grounds of false allegations that even the police dont want to know about! is this possible?

Any help or advice appreciated.
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