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SASH_Law, Lawyer
Category: Law
Satisfied Customers: 1570
Experience:  LLB (Hons)
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My wife has had a non mol and prohibited steps order served

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My wife has had a non mol and prohibited steps order served on me however it is in fact her that has harrassed and been abusive towards me am I able to respond by getting an order placed on her to stop provoking and harassing me and to make her stick to the child contact order that is in place?
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: We have had te return hearing for non mol but all that occurred was another date set for a couple months time
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Hastings
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: Dont think so

Hi, I'm Lea and I have reviewed your query.

Do you have a copy of the most recent order made? If yes, please attach it using the paperclip.

Customer: replied 5 months ago.
No I dont but i was served with non mol and prohibited steps at same time

If a further hearing for the NMO has already been set, then you will get the opportunity to challenge it at that hearing. If you also have issues with her behaviour, it is likely the court will try to get you both to agree to give an undertaking to the court not to do whatever it is that the other party is alleging you do. Undertakings are promises to the court and do not come with a power of arrest (a non mol does). If breached, the matter has to be returned to court.

If you have been served with the NMO and PSO paperwork, you should also have the statement that the other party would have submitted to the court. You should prepare your repsonse to this, ensuring that you reference your denial to her accusation by reference to the numbered paragraph in her statement. It is important that you complete a witness statement for the return hearing so that you can put your side across and also raise the issues that you have with her.

With regards ***** ***** to the child arrangements order - if the mother is breaching it, then your method of action in relation to that would be to file an enforcement application.

Does that assist? If you need to ask clarification questions, please do. Otherwise please rate positively using the five stars at the top of your page.

Customer: replied 5 months ago.
I was advised not to respond with my full statement at the return hearing instead to just put in a short statement outlining that I wish to contest it so at present the court is unaware of my wifes behaviour towards me. There is not actually a cao in place it just states in the pso that I am to have contact on set days and times yet every day I am due to see them she texts saying I cant have them
Customer: replied 5 months ago.
Also I offered undertakings but she refused

If there is no child arrangements order in place, it might be difficult to enforce the contact - though the fact that it is recorded in a PSO implies there may well be a child arrangements order in place. Without the order, I can't say for certain.

With the NMO, the usual practise if the matter is set down for a further hearing is for the respondent (you) to have the opportunity to object in full to the issues raised by the applicant. Still, if the court have directed you to file a brief statement, that is what you must do. You can include a paragraph within that to state that she has harassed you and has prevented contact with the children.

It is not for the mother to refuse an undertaking - that is the court's decision ultimately.

Please rate positively.

Customer: replied 5 months ago.
No it was a solicitor who advised me not to respond with my full statement which contained evidence to disprove her allegations no mention of her behaviour was made in court at all she now has 14 days to submit another statement to which I have 14 Days to respond and then she has a further 14 days to respond to that before it goes back to court, in the mean time I have serious concerns for the welfare of my children and no way of contacting them

You should follow the court's directions for responding to the statements.

In respect of your concerns for your children, you are free to contact social services to advise them of your concerns. Social Services will be able to intervene if they deem it necessary.

Kindly rate positively so that I am credited for assisting you. Thank you.

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