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cannot see my kids as not allowed to contact mum
#1
Hi there,

I am at my wits end so please help. 
To cut long story short I am in the middle of separation which became very nasty due to my still wife having applied for non molestation order. I accepted it as did not want that to go any longer. I had full access to the kids then. the nastiness of it thawed a little bit and put my guard down and breached that bloody order - nothing nasty !!! My solicitor called it technical breach but she called the cops anyway. Now I cannot contact her at all directly or indirectly till trial date which is in 2 months time except via social service to arrange children contact. Social services have been dragging their heals to do anything. Now social services said that because there was a breach of nmo whey would have to investigate what have been going on in our household at all so now they wont help me until the matter will have been fully investigated. She keeps saying to everyone that she would not dare to keep me away from the kids but every new restriction regarding her I would have less opportunity to see my kids. I cannot afford another solicitor -could you please advise what would be the best course of action to get even a temporary access to my kids in my situation? 

Ps. English is my second language so please make some allowances if anything proves to be of non senseSmile
Kind regards

Michal
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#2
I don’t have a definite answer for you unfortunately, but I have a couple of questions that may help someone else on the forum to give you more advice.

Is the trial that is due to take place in 2 months’ time for the breach of the NMO? This seems a long time to wait. My son had two breaches of a NMO and both times, following the initial arrest, he was remanded in custody and taken to the Magistrates’ Court the next morning. He pleaded guilty and was fined. The whole process once the arrest was made was over in less than 24 hours.

You say that you previously had full access to your children. Was this a mutual agreement between you and your wife or had you obtained a Child Arrangement Order (CAO)?

If at some stage you do apply for a CAO then because of the NMO it’s likely that a Section 7 report would be requested at the first hearing, so there would be several weeks’ delay while this is prepared. If Social Services are investigating at the moment then perhaps they would be asked to prepare the Section 7 report.

If you intend to apply to the Family Court, perhaps you could contact Social Services to inquire whether that would be the case.
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#3
Dear Kate,
I had full access to my children due to mutual agreement -no CAO  at that stage. Regarding me breaching NMO the case has taken so long as I pleaded guilty but not agreed with the allegation they had put forward. So prosecution did not accept my plea and it is gonna conclude with trial. As our communication channels ( esp text messages) have been done in Polish they would need two months to get it translated etc.

Now as I have no contact option with mum Social Services were pointed out as an option. I was thinking about CAO but shall I wait until case ends so I know where I stand? There would be no point in paying court fees for CAO if Social Services need to investigate anyway. As I stand now, I know that SS have appointed Key Worker but she is ..on holiday for another. If I apply for CAO that mighy take similar length of time as Social Services investigation. The funniest thing is that my still wife keeps saying to everyone that she wants me to see the kids but court orders are in place so she can't allow itSmile. If she really wanted me to see my kids there would be ways of sorting that out informally. We have got dozens of mutual friends who could help us do so.
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#4
i would try mediation and they could also speak on your behalf. i would be at this stage even be trying to get supervised access to keep contact going . if mediation fails i would also go ahead and start court proceedings as your ex can at any point agree to access even if it means going through a 3rd party. it only says to not contact her in an way but someone else can if its child related
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