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Ask Clare Your Own Question
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 34236
Experience:  25 years experience of all aspects of family law
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My son was handed a non molestation order last week, to get

Customer Question

My son was handed a non molestation order last week, to get a solicitor to repersent him this Moday will cost £300, he is in full time work but has been on the sick for the past two monts and cant afford the solicitor. His ex has told loads of lies in her statment that we can prove in texts messages she has sent. How does he go about fighting his case.
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: stoke on trent, Stafford. England
JA: Have you talked to a lawyer yet?
Customer: on the phone only. which is when she gave the amount she charges to repersent him on Monday
JA: Anything else you think the lawyer should know?
Customer: Yes his ex has two children who she uses to her advantage, she lets my son take them out and have contact but then when she falls out with she stops contact, we have concerns for their satety as her next door neighbour sats she shouts at the oldest (which isnt biologiclly his, but he has been with her since she was two mth pregnant) she claim they have never lived together which they did for at least two years, she claims my son takes , LSD, AMPHETAMINE, COKE AND CRACK AND IS AN ALCOHOLIC, he is on antidepressants as he had a break down a few mths ago, He also took amphetamine in the past as he was working 12 hour night shifts and then got home at 6.30 am and would have to see to the children as she woulnt get up till twelve o clock, he was only having three hours sleep, since he left he no longer takes it and drug testing could prove this, he also smokes cannabis on a friday night. His ex smokes it daily, there is also occasions when her mother and grandmother have hit her while holding the baby, she said our family harness, again we have text messages where she is verbally abusing myself, yet she has told the court she is frightened of me,
JA: Can you tell me what state this is in?
Customer: we live in the UK
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

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

What exactly is the Order that she is asking for?

Customer: replied 1 year ago.
an non molestation order
Customer: replied 1 year ago.
She has been granted a non molestation order
Customer: replied 1 year ago.
Expert:  Clare replied 1 year ago.

My apologies for the delay - was away form my desk.

Can you tell me the exact wording she has asked for?

Customer: replied 1 year ago.
a Non Molestation order (under section 42 of the family lawAct 1996
Customer: replied 1 year ago.
someone else is helping me now, Dont find this site helpfull. thank you
Expert:  Clare replied 1 year ago.

The reason I was asking for the details of what she is asking for is to check to see if she is trying to exclude him from her road - or whether it is a simple "don't come near me " one.

The court would see an applictaion that limits his ability to go down a particular street as being of more significance than one which simple stops him from doing something he has no intention of doing anyway

I ask because the fact that he has taken drugs in the past is a possible problem in terms of dealing with the court.

However he will need to create a Statement in reply to the allegations in any event.

He should use her statement as a guide to how a Statement should be set out, and then deal with each allegation in turn.

His responses should be clear straightforward and factual - not emotional.

He shoudl get screen shots of any texts and attach them to his statement.

He will need to be honest about his drug use.

This is about showing that she has no fear of him - not about making allegations against her.

He will also need to write down what he wishes to say to the court - as opposed to what evidence he wants to give.

This shoudl be about saying that he does not feel that she needs an order because in fact he has never been a problem to her and he can only imagine it is part of the games she is playing with regard to the children and a ploy to obtain legal aid for the issues regarding the children

He can ask a friend or family member to ho into court with him acting as his MacKenzie Friend.

They can take notes and organise his paperwork - nothing else.

At court they will try and convince him to give his undertaking not to do these things - one step down from an Order - but he shoudl hold out and at least ask the Judge to read his statement before agreeing to anything

Please ask if you need further details