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Hi, I'm Lea and I have reviewed your query.
Are you applying for a child arrangements order, or another s8 order?
Please bear in mind this is an email service and not a live chat so responses may not be instantaneous. I am not available for calls, but in all cases it is very likely you can be helped online.
Has something happened that makes you want an urgent or without notice hearing?
Unfortunately, urgent and without notice applications are reserved for specific issues and prohibited steps orders, not for child arrangements.
Child arrangements are always on notice to the parent with care of the child, as there is nothing the court can do without seeing both parents and assessing the situation, any allegations made by either party, or the children and so forth.
If you haven't seen the children for three months at this stage, the court will not entertain an urgent or without notice application, even though you had concerns about men your ex has around the children. If these issues are still ongoing, and recent, you could make an urgent application for a prohibited steps order to prevent the mother allowing the children into contact with these people - but you'd need to provide some evidence to the court of your allegations. It would not be a without notice hearing though - the court would want to hear from the mother as to what was going on.
Does that assist?
Yes, you can claim an exemption if you fit the criteria.
If you are on the birth certificate you have parental responsibility.
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Please rate positively for the original response.
Yes, if there is an NMO in force, that qualifies as an exemption from mediation.
It's not a finding of fact unless there was a fact finding hearing.
Possibly - hard to tell from such brief information.
I think your question has been answered in that there has been domestic abuse and therefore you are likely to be entitled to exemption from attending a MIAM, so you can tick the relevant boxes in 3a of the C100.
You said there was an NMO - you tick 'a relevant protective injunction'.
If you have any further questions please post them as new ones.
All the best.
I did thoroughly read your responses.
The exemptions are not personal to you - it's whether EITHER party could do mediation. If there has been abuse, from EITHER ONE OF YOU, then neither of you are expected to go to mediation.