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Non Mol Order Clause
#1
Hi

in the recent interim type provisional non mol order there is a clause that goes soemthing along the lines of

Whether by himself or acting jointly with any other person is forbidden to :

g. Communicate with the applicant, "Cruella Deville", whether by letter, telephone, text message or other means of communication except through her solicitors "Some of us lie through our teeth & we have no Soul Legal Advocates"

I usually receive email update from the ex on weekends. Didnt get one this weekend.
I usually have whatsapp video call mid week, i send an email selecting a slot and I initiate the call.

if I email to either follow up the missed weekly update from mother or email to select a time slot, am i in breach of the Non Mol?
if i initiate the whatsapp video call in the week, am i in breach of the Non Mol?

in plain english if I communicate with the ex regarding the update or slot selection i will be in breach.

Does that mean I have to contact/liaise with the solicitors for everything while this Non Mol is in force?

Thanks
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#2
Unfortunately answer to all of those questions is Yes.

She is upping the Ante with some harsh terms on the non-mol, however she is also shooting herself in the foot as she will now need to substantiate why she needs those terms in it.

Until the 'provisional' non-mol is discharged you should not communicate with her. Feel free to email her solicitor though for confirming the arrangement for video chatting with your child whilst the non-mol proceedings are taken up..
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#3
(07-05-2020, 10:25 PM)SeanS Wrote: Unfortunately answer to all of those questions is Yes.

She is upping the Ante with some harsh terms on the non-mol, however she is also shooting herself in the foot as she will now need to substantiate why she needs those terms in it.

Until the 'provisional' non-mol is discharged you should not communicate with her. Feel free to email her solicitor though for confirming the arrangement for video chatting with your child whilst the non-mol proceedings are taken up..

How can courts allow clauses like this to be included in the first place especially when there is a child contact order in force where ex is instructed to co-operate by 1) emailing the non resident with update on child and 2) facilitate the video call between me and child?

by ex not emailing me, ex is in breach. why would they do that? it makes no sense. i know theres no punishment for this as its only a email but it will make them look a bit stupid in the S7 report and DRA in october.

in future child contact hearing i'll mention it that ex did not email me.... i know nothing will happen. or do i have to get something included in the order to handle potential non mols in the future?

its almost as if the non mol has partially nullified the child arrangement order. thats the impression the mother is giving.

its a like a game of chess!
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#4
I emailed the ex's solicitor on Monday and havent had a response back yet. Doubt there will be any video call this week.

Still cant believe a child arrangement order can be blocked by an NMO like this.

Criminals need defense lawyers and parents who love to alienate need family lawyers.

Ever get the feeling the crooked people get away with most of it?
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#5
I don't know on what grounds she has got a non molestation order on. maybe she has some evidence who knows. From what I read it is basically suggesting you cant contact her even if its to do with children unless prior arrangement has been made with her solicitor in advance that you can do so
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#6
(07-07-2020, 07:23 PM)warwickshire1 Wrote: I don't know on what grounds she has got a non molestation order on. maybe she has some evidence who knows. From what I read it is basically suggesting you cant contact her even if its to do with children unless prior arrangement has been made with her solicitor in advance that you can do so
That's the thing. The order states that the court read a witness statement  basically the position statement with allegations. Is that all that is needed to get a provisional NMO? That's what it looks like to me....

1. "This order is made in the absence of the respondent. The court has considered only the evidence of the applicant. The court has made no finding of fact. The court has had regard to sections 45(1) and (2) of the family law act 1996."

2. "The court read the witness statement of the applicant dated 02.07.20"

3. "The court determined that it would make an order even though the respondent had not been given notice because it considered that there was a risk of significant harm to the applicant attributable to the respondent, if the order is not made immediately."

This is what the court recorded in the order.
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#7
If that helps at all, the text on the order is all standard text. You should however have a copy of what is NMO was based on ( position statement with allegation and evidence) so that you are in a position to refute or not well before the hearing day. You should be able to email their solicitor to ask for the all that information made available to you.

One strong advice for anyone in NMO territory is to act calmly and keep the language ( with solicitor, court staff and Ex even) professional...at least until the NMO is discharged..It is natural to feel injustice and shafted in, I have, but don't give them any reason to think that NMO might've been needed.
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#8
(07-07-2020, 09:31 PM)SeanS Wrote: If that helps at all, the text on the order is all standard text. You should however have a copy of what is NMO was based on ( position statement with allegation and evidence) so that you are in a position to refute or not well before the hearing day. You should be able to email their solicitor to ask for the all that information made available to you.

One strong advice for anyone in NMO territory is to act calmly and keep the language ( with solicitor, court staff and Ex even) professional...at least until the NMO is discharged..It is natural to feel injustice and shafted in, I have, but don't give them any reason to think that NMO might've been needed.

Yeah I got a copy of the position statement with a load of false allegations. That was the only piece. No evidence just a position statement. Same allegations were used in last years child arrangement order case and were thrown out. Included in the position statement there was a point they made in the statement giving the Impression there was an child contact order in 2018, clearly there wasnt. I applied for the first time in nov 2018 and got the first order sept 2019!. Its difficult to tell what angles and tricks these solicitors are playing when they blatantly lie and they know they will get caught out in future. How do they live with themselves!

I will be breaking down all false hood in hearing as usual but it is bloody hard work and the delays in the court system dont help. I had to call at least 20 times today just to get through and make sure they got my email. Hopefully I get a hearing much sooner than 30th july but I wont hold my breath..

I just know they went the NMO route to delay or slow justice down. They know courts are busy and they know this NMO will affect the weekly whatsapp video call for sure... I mean I cant even call and solicitors wont reply to me.
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#9
After following up with ex's solicitor today I managed to get a confirmed time for whatsapp video which took place earlier today. However nothing received in regards to the weekly email update. Is it worth chasing up on it, I mean someone not emailing is like a very minor violation.
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#10
i would just stick to making sure you get your whatsapp videos . solicitors are hard work at best of times
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