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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 33325
Experience:  25 years experience of all aspects of family law
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I had a nonmolestation order which has been cancelled after

Customer Question

Hi, I had a nonmolestation order which has been cancelled after my husband cancelled it. I didn't have medical or police evidence but magistrates who made the decision were quiet biased and the reasons they gave matched my husbands defence. I am concerned for safety of my son now dad can contact him. What steps can I take now?
Submitted: 3 months ago.
Category: UK Family Law
Expert:  Clare replied 3 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

How old is your son and why is he at risk if his father contact shim?

Customer: replied 3 months ago.
My son is 6 has special needs and my husband has a history of being violent when inside the house. Court said I should have reported it earlier and I couldn't prove my allegations of violence. My son will be at the same risk if left alone with father.
Expert:  Clare replied 3 months ago.

Has he ever hit he child?

Customer: replied 3 months ago.
No I was always present he became angry and yelled but never hit him just said he would and I said you won't dare ever hit my son. He has special needs so shouldn't be treated like that at all as he has communication issues already. He then said no no I wouldn't ever hit him and it would only be a gentle slap. But I am worried as my husband loses temper very easily and always wants to be on his laptop on his bedside as he's a busy person.
Expert:  Clare replied 3 months ago.

What contact have you offered?

Customer: replied 3 months ago.
None as I want supervised visits he has never been alone with Dad as he always complained when he had to look after him for a single minute
Expert:  Clare replied 3 months ago.

Have you offered contact at a contact centre?

Customer: replied 3 months ago.
No I didn't know about that
Expert:  Clare replied 3 months ago.

How far has your divorce reached and have you applied for a Child Arrangement Order stating that the child lives with you?

Customer: replied 3 months ago.
Hi I have completed a D8 form via Courtnav awaiting review I havnt applied for a child arrangement order yet was waiting till my husband applies.
Expert:  Clare replied 3 months ago.

Is there any chance that he will try and remove the child from your care?

Customer: replied 3 months ago.
There is a chance of that happening. If he did it would be without warning
Customer: replied 3 months ago.
Social services have said its a civil matter so they won't get involved and that my sons care is solely my responsibility they also think my husband is living in another county so in their view my sons out of reach but I don't agree
Expert:  Clare replied 3 months ago.

If there is a chance then you need to apply to the Court for a Child Arrangement Order stating that the child lives with you and setting out that ocntact takes place in a local contact centre - this will ensure that your child is protected in the future

This is done using a form C100 and paying the fee of £215.

Please ask if you need further details

Customer: replied 3 months ago.
Hi that seems like a sensible thing to do. I want to know if I can do another nonmolestation order as well as that form as my husband keeps sending me very lengthy emails that upset me
Expert:  Clare replied 3 months ago.

You will be better reporting his harassment to the police and asking them to give him an harassment warning

Customer: replied 3 months ago.
It's not actually harassment but hidden messages within
Customer: replied 3 months ago.
I shall send you the screenshots
Customer: replied 3 months ago.
Here's 2
Customer: replied 3 months ago.
3
Customer: replied 3 months ago.
4 is most important
Customer: replied 3 months ago.
5
Customer: replied 3 months ago.
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Customer: replied 3 months ago.
I'm upset even on my birthday
Expert:  Clare replied 3 months ago.

Any messages sent when you have asked him not to contact you is harassment.

Customer: replied 3 months ago.
Ok I am going through an emotional strife each time he sends them. He thinks because there's no nonmolestation order in place he can contact me when he wants. I am reluctant to tell police as they might take his side they did last time I called them when he yet hadn't been served the nonmolestation and tried to see me in Oldham
Expert:  Clare replied 3 months ago.

How do you wish him to ocntact you regarding the child?

A separate phone; emails or via a solicitor?

Customer: replied 3 months ago.
Emails or sollicitor
Customer: replied 3 months ago.
I still havnt a hearing date for the child custody case yet I was going to hire a sollicitor for that
Expert:  Clare replied 3 months ago.

Right

So email him and tell him that in future you will not respond to any texts and that Contact arrangements must be set up via solicitors.

Tell him that any future direct contact is unwelcome.

Then keep a record of his contacts and once he has done it three times contact the police and ask for an harassment warning to be givem

Customer: replied 3 months ago.
That seems reasonable and will send him a message. I was too scared of replying as I thought he might use that against me later
Customer: replied 3 months ago.
Shall I complete a c100 form before the child custody hearing begins
Customer: replied 3 months ago.
I have just emailed him stating all future contact will be unwelcome and it must come through a sollicitor
Expert:  Clare replied 3 months ago.

Who has made the Children Act application - how far has it reached?

Customer: replied 3 months ago.
He made a prohibited steps order and children act against me but court said they wanted Cafcass to make a report before they had the first hearing so I am still awaiting that
Customer: replied 3 months ago.
He tried to accuse me of having mental health issues, that I would kill myself or my son or take him abroad while I have no intentions of doing so but court yet has to decide all that and I am so stressed
Customer: replied 3 months ago.
He did this straight after he was served nonmolestation
Customer: replied 3 months ago.
This is the courts dismissal of nonmolestation
Customer: replied 3 months ago.
2
Customer: replied 3 months ago.
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Customer: replied 3 months ago.
Page3 had problem before
Expert:  Clare replied 3 months ago.

When is the next hearing on the children matter?

Customer: replied 3 months ago.
I am desperately waiting to hear about the court hearing my ex had said that he will find out in a week or so I might have to ask court whether they know
Expert:  Clare replied 3 months ago.

Have you been to court on it yet?

Customer: replied 3 months ago.
I was in court on 19th of August for last hearing of nonmol order and then they mentioned the child custody case that it will be transferred to Manchester but there hasn't been any hearing of the child custody case yet
Expert:  Clare replied 3 months ago.

Have you seen any paperwork?

Customer: replied 3 months ago.
I had recieved a copy of the prohibited steps order in which he made allegations concerning my sons safety me being suicidal my brother being a drinker and me pulling my son out of school and that I would kidnap my son and take him abroad as I had his passport
Customer: replied 3 months ago.
That was ages in early July and then court awaited Cafcass report which has been made I believe now that will go to court too. I don't know what my husband is doing that's why I need a solicitor I think to get paperwork from him as he's self representing
Expert:  Clare replied 3 months ago.

Have you spoken to the CAFCASS officer?

Customer: replied 3 months ago.
but nonmol hadn't been dismissed at that time and situation was in
My favour they interviewed me over the phone and I clarified all issues dad had raised
Expert:  Clare replied 3 months ago.

Have you got a copy of the children matter paperwork?

Customer: replied 3 months ago.
Hi sorry for late reply I couldn't find the paper work. My husband has replied to my email regards ***** ***** contact
Customer: replied 3 months ago.
Page 2
Expert:  Clare replied 3 months ago.

Keep a copy of this

What do you think you have done with the court paperwork?

Customer: replied 3 months ago.
I was sent a copy of the prohibited steps order and I don't know how it's got misplaced. That hearing was vacated and still hasn't happened. I think my sollicitor clarified on my behalf that I had no intentions of taking my son abroad. I am trying to find that paper work. He had said that I was suicidal and had threatened to kill myself and my son.
2ndly he said he was concerned as I pulled my son out of a special needs school.
3rd allegation I think was my brother is in debt and a heavy drinker and a bad influence on my son.
4th he wanted contact with his son and Cafcass to get involved which they did. He said he was willing to leave the family home back in Birmingham so Our son can go back to school.Cafcass rang me and I have paperwork of Cafcass report I can attach that here
Customer: replied 3 months ago.
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Customer: replied 3 months ago.
There's been no hearing so far it has to be vacated as this report wasn't completed. Since Cafcass completed its report the child case hearing hasn't taken place. I think it will be three to four weeks from now. After the Cafcass report there was a non mol hearing and the non mol was dismissed by court.
Customer: replied 3 months ago.
I appreciate all your help.
Expert:  Clare replied 3 months ago.

Well that is a good report from your point of view.

Have you phoned the court to ask what is happening?

Customer: replied 3 months ago.
No I just kept waiting I have been busy working so never got a chance. I could ring them today to ask when they expect the next hearing to be.
Expert:  Clare replied 3 months ago.

Excellent idea

Customer: replied 3 months ago.
Hi there is an update I rang Birmingham court they said the case is transfered to Manchester court. I rang Manchester court but they said its in transit so they don't have the file yet. The judge has to approved it. That should happen within 10 working days then a hearing date is decided. They expect to review the file tomorrow or day after.
Expert:  Clare replied 3 months ago.

Excellent news.

You need to prepare a C2

http://www.justice.gov.uk/downloads/forms/fjr/C2_web_0414.pdf

To ask for the Residence Order and send it to the court

Customer: replied 3 months ago.
Should I go for solicitor representation?
Customer: replied 3 months ago.
What does residence order mean is it like parental responsibility? Do I need to fill any other forms c1 or any other form please advise.
Expert:  Clare replied 3 months ago.

My apologies that should have read "for a Child Arrangement Order stating that the child lives with you'!

Customer: replied 3 months ago.
Will I have to go for a MIAM
Expert:  Clare replied 3 months ago.

No because there are existing proceedings

Customer: replied 3 months ago.
I want to send D8 completed form too can I send both around same time I send D8 to Liverpool civil and family court and the C2 to Manchester family court
Expert:  Clare replied 3 months ago.

Yes you can do that

Customer: replied 3 months ago.
Do I need to complete a parental responsibility order FM1 or does this not apply?
Customer: replied 3 months ago.
Also what main reason can I give for applying
Customer: replied 3 months ago.
Sorry about the FM1 that doesn't apply to me my mistake.
Expert:  Clare replied 3 months ago.

No you don't need any of that - just the C2

Customer: replied 3 months ago.
What reason can I give in the reasons one main reason
Expert:  Clare replied 3 months ago.

You are fearful that the other parent will try and remove the child from your care

Customer: replied 3 months ago.
Are any copies requires to send to the court. D8 form requires 3 copies and 2 are sent to court. What about c2?
Expert:  Clare replied 3 months ago.

Send the C2 plus two copies

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