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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 724
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I have been issued a non-molestation order and my ex has lied

Customer Question

I have been issued a non-molestation order and my ex has lied to obtain it, yet she has breached court orders when I have gone to collect my son, the police can not do anything so we have to go back to court, then the judge will say don't do it again , and now with this order she has stated that on a particular day that I was driving passed her and I saw her and turned the car around and drove towards her and then broke sharp laughed at her and drove of, she lives in Southampton I live in Dorchester and on that day I was working on my own at a house next to mine some 60 miles away, yet when I question police and the court about this as I believe this is a criminal offence no one takes any notice.
we are back in court at the end of November and I no that my ex will from now until then phone the police and say im there when im not which is causing me a lot of stress and don't no what I can do please help me
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your question.
I am a solicitor and will try and assist you.
Please can I ask:
- are the police investigating breach of NMO?
- what is the purpose of your next court hearing?
Kind Regards
Caroline
Customer: replied 1 year ago.
no they are not as it would take them a lot of police hours to investigate as they told me, in april my son told me that his mum was hitting him and he wanted to live with me, he has told to police and a social worker the same thing but no one has taken notice of this and social services have now stopped me seeing my son as they are saying I am emotionally harming him and again they have no evidence of this, so we go back to court in November to see what judge decides
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
In relation to the NMO if the mother reports any more breaches then the police will have to investigate. If you can prove you are elsewhere in respect of any further allegations then it would be doubtful that the police would pursue matters further or investigate.
In relation to the children matters - I am sorry to hear about your current position. It is of course your duty to act upon any disclosures that a child makes as you have a duty to safeguard. It appears as though it is being considered that the disclosures made by your child are untrue and even that you have put the child up to making up such allegations - this would be considered to be emotional harm.
I note that you state that the child made the disclosures to the police and social services - if it hasn't already been done then you should ask for directions that the ABE interview be obtained and also the old social services notes.
If the mother keeps alleging breaches of the NMO malicious then you should tell the Judge that you think she is doing this to frustrate the time you spend with your children.
Kind regards
Caroline
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Customer: replied 1 year ago.
I have not seen my son since april and 2 years ago when we finished court this is when I got shared residence, I spent £21000 to get this, she got legal aid, so now I am fighting my own case because I can not afford solicitors, but how can I get this nmo removed or stopped as I no she will try to get me arrested, and this never came up before in previuos hearings
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
If your ex has allowed you to breach the NMO ( sorry is that what you are saying in the first question?) then you could argue to the Judge that he NMO is not required.
Kind Regards
Caroline
Please remember to rate positively
Customer: replied 1 year ago.
I have not breached the order which went in place on 20th august but her statement has no evidence to back it up but was granted the order is this not slander
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
If when the NMO was made on an ex parte basis - that being with you not being in attendance - then:
- if the Judge ordered a return hearing - this would have been your chance to challenge the NMO
If the Judge didn't order a return hearing then the order would say how many days you would be allowed to seek to challenge the order.
Kind Regards
Caroline
Customer: replied 1 year ago.
which I put in a statemend about this nmo and we was in court yesterday and the judge said we would go back on 20 november for a trail when he will decide about the nmo and me seeing my son but this leaves me nearly 3 months with this nmo hanging over me and my ex knows I live on me own so at anytime she can say something she wants to police to say im breaching the order which is stressing on me and unfair as she has lied to get it plus I still don't see my son and I was the one that reported what he had told me, if I had not I would still be seeing him
Expert:  ukfamilysolicitor replied 1 year ago.
Thank you for your response and confirming to me that you have already informed the court that intend to defend the NMO on the basis that the allegations are fabricated.
I note that you are disappointed that the court cannot hear the matter prior to the 20.11.15. This if of course disappointing that there is delay. Unfortunately you will have to wait - I'm sorry.
If your ex alleges any breaches then the police will investigate. You should strictly abide by the terms so you can be satisfied that there is no breach by you. If your ex does make malicious allegations then you should tell the Judge at the next hearing as evidence of her trying to frustrate you relationship with your child.
Kind Regards
Caroline
Customer: replied 1 year ago.
can I not put in an application asap to have it set aside as her allegations are unfounded
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Unfortunately as the Judge has already timetabled this matter to a determination hearing and there has been no change in circumstances then you will need to wait for the hearing in November.
Kind Regards
Caroline
Please remember to rate positively. Your question will not close and will still be able to discuss matters in the future.
Customer: replied 1 year ago.
I have rung the court and they tell me I could put in an application ( form sl 403 ) to ask a judge to have this set aside is this not the case
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Although you can make an application on the form - the reality is the Judge has already timetabled this matter to be adjudicated. The court will have given directions that need to be complied with in readiness for the hearing.
If you make an application to set aside on the form - this will gain you nothing.
The court would still timetable the matter to be adjudicated - it will not decide your application any sooner then the court date you already have.
Kind Regards
Caroline
Expert:  ukfamilysolicitor replied 1 year ago.
Please remember to rate positively - kind regards

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