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Hi, I'm Lea and I have reviewed your query.
I presume a without notice interim order was granted - has your friend had to leave the home?
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But he has been served with an interim NMO?
Did she also apply for an occupation order?
Is the house in joint names?
Did he provide money for the house? Can he prove that with bank transfers?
The two issues are going to be dealt with separately.
With regards ***** ***** finances he put into the house, he will have a claim against her for that, but if she won't agree, then he may need to instigate legal proceedings...but that is obviously not the most pressing matter at this stage.
With regards ***** ***** NMO and PSO applications, the court has listed it for a further hearing so that they can hear his response to the allegations she has made to the court.
He should prepare a response, point by point, to each of her allegations and where he does not agree he should state clearly that he denies the allegation and provide his version of what occurred. This will help to make things clearer to the court as to what has happened. If she has no evidence to support her allegations, and he has evidence to support she is lying, then the court won't continue the orders.
Does that help?
How old are they?
If there is a PSO application before the court, the court will have sent that application to CAFCASS (social workers) who will contact both parents in order to do what is known as a safeguarding letter to the court, which will contain background information on both parents, police checks, social services checks, and contain recommendations to the court as to what the court should do next. It is likely CAFCASS will recommend a s7 welfare report, which involves talking to the children as well. The children are very unlikely to ever appear in court itself.
The burden of proof in civil courts is for the accuser - so if she has no evidence, she's not going to be able to persuade anyone. He needs to prepare his statement though as per my answer above.
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Yes, he should.
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He can certainly mention in court how often he looks after the children - however, since it's not a child arrangements application, the court may not be as interested in that as in the details of the PSO application.
Service of the NMO and PSO can be done by whatever means are available - particularly since they are not effective until served.
It means he's not allowed to take the children away from the mother or anyone she puts the children into the care of.
I wouldn't be able to write a position statement for you on this site, though you could try posting your query as a new thread as another lawyer may be able to do that for you.