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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35053
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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Hi I have separated with my partner i have a non molestation

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Hi I have separated with my partner i have a non molestation order in place against me after contacting her solicitor regarding letting me see my son who i have not seen for 3 months my partner said she has no problem with me having contact with my son but solicitor pointed out due to the order against me i should apply through the courts do i need to do this via a contact order being as she said i can have contact with son
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Does the Order not make provision for contact to happen?
Customer: replied 3 years ago.

No order was just against partner but because I can't contact her in anyway I can't arrange anything with her to see him

When was the Order made?
Customer: replied 3 years ago.

Order was first made in august was supposed to have hearing 2 weeks later she never turned up then 2 weeks after that did turn up could not afford solicitor so repesented myself the courts sided with ex partner and put a 12 month order on me even though I had no charges bought against me basically my word against hers tried to contact her by text about access and got a 350 pound fine she made lies up to get legal aid hence seeking what to do next

Have you asked the solicitor if your ex will consent to the Order being varied to allow contact for the purposes of making arrangements for your child?
Customer: replied 3 years ago.

No afraid to contact her because of order but will try that route

DO NOT contact her - I thought you said she had a solicitor?
Customer: replied 3 years ago.

she does have a solicitor I was instructed to try gain access via the solicitor which I did by letter that was when I got the response that I go through the courts to avoid contact so I'm looking for best way forward to seek access don't know if I need to get a contact order because she insinstructed her solicitor that she has no problem me seeing my son

Then write to the solicitor and ask if your ex will consent to a variation of the NOn Molestation Order to allow for contact arrangements to be made.
If the answer is yes then you deal with it using this form
and ask for the Order to be varied to add the words "save in respect of arrangements for contact with the child xxx"
and get her solicitor to endorse it with her consent
If she will not then you will need to apply to court for a Child Arrangement Order using this form
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