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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 18337
Experience:  I have been practising for 30 years.
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My wife got an ex-parte non molestation order. We attended

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Hi, my wife got an ex-parte non molestation order. We attended the position hearing where she offered me to keep the order for 12 months on the basis of no allegations accepted no findings but I denied, I offered undertaking but she refused. Now if I change my mind and accept her offer of keeping the order for 12 months on the basis of no allegations accepted no findings, and later if she files divorce then will I have any problem in getting joint custody of the kids?

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what was the reason for the non mole?

and how old are the children?

Customer: replied 9 days ago.
She has put lot of false allegations on me that I am abusive, threaten to kill and lot more. In fact we only had an argument about moving abroad permanently or not. She does not want to leave UK hence all this drama. We have 2 children, one is 5 years old boy and daughter will 3 years old in April

Unless there is an allegation that the children are in some kind of danger when they are with you, it shouldn’t make any difference to child contact although unless you have been the main carer of children until now, and in particular in another 12 months time, it’s unlikely that you are going to get 50-50 residence with the children although you would obviously get substantial contact including overnight staying contact.

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