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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.
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.
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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.
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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.
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