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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My son is divorcing his wife on the grounds of adultery. They

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My son is divorcing his wife on the grounds of adultery. They have been married for 23 years. Much of them quite tumultuous. He is now in a kinder, calmer relationship which is making a great improvement in his life.
Today, Sunday, he has just had delivered to his new home a summons to appear in court on Tuesday.
The summons states that he is not to molest his wife or come near her new address to collect the two youngest children for visits. The children can be collected from a social service office. She does not ask for visits to be restricted.
The very disturbing point is that in the document my son is accused of past abuses of his wife and he is very concerned that these accusations, if accepted, could have some future limitation on access to his children. He never in the past been known or even accused of physical abuse to anyone. I believe his son, age 22, would attest to this.
The sudden appearance of this summons and his (virtually) instant appearance in court has been traumatic.
What steps or line should he now take?
Hi, thank you for your question. He should definitely attend the hearing. If there are directions for him to file a response he should attempt to do so in advance of the hearing, but given the lack of time it may not be possible. At the hearing, he should be contesting the need for a non-molestation order and the court will make further directions for each to file evidence and the court will then list the matter for a final hearimg where both can give oral evidence. Usually, the courts will only grant these types of orders if there is a risk of harm to the applicant.It may also be helpful if he sought local family solicitors for representation as it can help ease this process.I hope this assists you. If you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
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