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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34589
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Can a get a Non-molestation order again someone who isn't a

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Can a get a Non-molestation order again someone who isn't a party?I have recently had a final hearing at family court. This will see my contact with my infant daughter move out of a contact centre and into the community. My ex-partner's mother has done the vast majority of handovers at the contact centre and has behaved very badly on multiple occasions; being aggressive and argumentative with the staff when they don't do what she wants, staring aggressively at me through the windows etc. She is an unstable person who is extremely obsessive and controlling of my daughter and has been violent towards me in the past when I was resident at her home (where my ex-partner lives).At the final hearing I tried to agree with my ex-partner's representatives that my ex-partner's mother not be involved in handover. My ex-partner refused. I am certain that this my ex-partner's mother will behave very aggressively during handover and I am considering what action I can take to protect my daughter against this; most likely after it has happened at least once.Is it possible to get an NMO against someone isn't a party (e.g. my ex-partner's mother)?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Where are the handovers going to take place?

Customer: replied 1 year ago.
My ex-partner was insistent that it has to be at a soft play area she knows, I'm not sure why. I perhaps should have contested this but the bench were very keen for us to agree as many points as possible. Notably my ex-partner has refused to do handover at a location where CCTV is present, oddly claiming that the presence of CCTV will be somehow "upsetting" for our daughter.So in theory a public place; however the maternal grandmother has behaved very badly in public before.
Expert:  Clare replied 1 year ago.

How old is your child?

Customer: replied 1 year ago.
She is almost one year old.
Expert:  Clare replied 1 year ago.

So she can stay in her pushchair for handover?

Customer: replied 1 year ago.
Sometimes she doesn't like to be in it but in theory yet. There's also a condition that for the first two sessions I have to stay on the soft play for an hour (sorry I should have mentioned that earlier) so worried about her hanging around to interfere with contact as well
Expert:  Clare replied 1 year ago.

I am afraid that you cannot get an Order against your ex's mother.

However if she does create a scene you can and must call the police.

In terms of dealing with the actual handovers - ignore her.

She can stare and make comments as much as she likes - you are there for your child and nothing else.

Do not respond to her - do not give her the satisfaction of knowing that she is getting to you.

Where possible take the child in the pushchair and get through the gate as soon as possible - go early and pay first!

If they come in the first time grit your teeth and endure it - but on Monday email her solicitor pointing out that it is not acceptable for them to stay in sight of the child.

If grandma behaves badly leave it to other to deal with - that way you can get an Harassment warning given her by the police - by far the best option for you

I hope that this is of assistance - please ask if you need further details

Clare and other Family Law Specialists are ready to help you