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plclegal, Barrister
Category: Family Law
Satisfied Customers: 8536
Experience:  Barrister at law
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The order(s) for which you are applying Please attach a copy

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The order(s) for which you are applying Please attach a copy of the order if possible.
I am applying to
dischargShall i ask for Vary or discharge it completely and on what grounds usually courts take this into consideration?This has clearly been misused by the mother to use it as a deterrent to stop my contact with the children.What are the pro's and cons if I file this?
Hello and thank you for the question. I’ll review and revert back to you as soon as I can.

Is this in relation to the FL403 application?

Customer: replied 9 days ago.

Can you remind me please whether the non molestation order application was contested or if the order accepted by you on the basis of no findings?

Customer: replied 8 days ago.
Accepted on the basis of no finding
Customer: replied 8 days ago.
I wasn’t fully aware of the pso and non molestation and I was mentally in a great shock and couldn’t think straight and my barrister at the time advised me this which is clearly have been misused by mother

You should be applying for discharge.

There were no findings made.

The mother has used this repeatedly to twist the children act proceedings to her advantage and Cafcass are making judgments on the basis of the NMO being in place.

It's highly prejudicial and the impact on your children is devastating.

In the children act proceedings, every allegation has been refuted with evidence.

Had you appreciated the knock on effect from not challenging the non-mol you would have done so at the time. It needs to be discharged.

I trust that this assists?

Customer: replied 8 days ago.
Oh brilliantBless you and your familyI can’t thank you enough for your support

My pleasure, thank you for feedback.

Customer: replied 8 days ago.
Do I need to apply to east london family court or can I go to another court in Manchester? I feel they have good connections in east london family court and her barrister seems very influentialI feel having 12 months non mol snd the way dates have been given all have been influenced by her barrister who had probably good influence in the family court in london
Customer: replied 8 days ago.
They have been extremely biased including cafcas and the courts

You would normally apply to discharge the order at the court where it ss made. I appreciate it perhaps feels to you like their barrister has influence in the court in London but in reality that is not the case. We don't have the ability to influence a judge or court simply by being close in proximity to it.

Customer: replied 8 days ago.
Knowing that helpsThank youIs there any fees to pay to apply to discharge NMO AS I CANG FIND THE FEES?Do I need to provide evidence with application and include statement and what should I include?Any points you suggest I should make in the application?
Customer: replied 8 days ago.
I will be working on it todayJust on my way to see kids in london from Manchester snd will reach back in the evening when I will start this applicationIt’s extremely difficult each time I see them and the clock then resets to another 14 daysI can’t even explain

I understand, I really do.

There is no fee for the application.

As to the contents, I have given guidance on possible content above.

I hope that contact went well today.

Customer: replied 8 days ago.
Thank you so muchIt went really wellKids were again crying g they want to return to Manchester and didn’t want to leave and were saying it’s not enough timeThey told me they have found a house and now moving there and told me the address and their school namesThey told me school names from the beginning and where they are doing afterwardsI am not sure if I should mention this in the application that knowing this information grim day one and I never caused any issues or ever tried to reach out to the kids or mother

I would say that it is perhaps further evidence that you pose no threat, though it's not that helpful.

Obviously the non-mol being in place means that even with this information you cannot go to their location, so this is why it's of limited factual significance in terms of the non mol discharge.

Having the information about the schools is something that you should be able do something with, I assume the non-mol does not prevent you from making contact with their schools to ask about their progress.

Customer: replied 8 days ago.
In the mast hearing judge was asking if I know their location from cafcas or know any information as if I am such a big threat and they need to keep all that information safeWhy nobody has ever spoken about this injustice where fathers and children suffer?I want to raise my voice against this injustice

I understand, I think you should focus on the pressing issues though. It's a wider point that is a distraction from the main objectives.

Customer: replied 8 days ago.
I take your adviseBelieve I die everyday and struggling without my kids
Customer: replied 8 days ago.
I will focus on the application

I understand, you have done a very good job of reminding so strong in very testing circumstances.

plclegal and other Family Law Specialists are ready to help you
Customer: replied 8 days ago.
Customer: replied 6 days ago.
Morning Peter,I have tried to open a new question for you but it redirected to someone else and its showing as still searching for someone new?

Thank you again for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter