Non mol listed to be dealt with child arrangements order???

[Day]

Hi

I’ve applied for a child arrangements at the same time ex has applied for non mol, had notice hearing today for non mol which I am contesting and they are setting it to be heard at the FDRH for the child arrangements.

I’m waiting on cafcass safeguarding atm with no FDHR set.

So I’m wondering how the non mol works with the child arrangements dealt with together?

Should I have demanded the non mol be heard asap or will this save me contesting it twice?

 

[Ash]

I'm not sure about this to be honest, but the usual advice is not to contest a non mol or it can delay child arrangements for a long time. There is an option to do an undertaking instead sometimes. So you undertake not to contact her or go near her, but it can have clauses to say only for collecting or dropping of the child. The other alternative is accepting a non mol on a "no admission" basis. ie you accept the terms of a non mol but there is no finding against you. The difference between an undertaking and "no admission" non mol is the latter has the power of arrest and the former doesn't. If breached.

Do you have a lawyer? It's usually better to use a direct access barrister for hearings and not use a solicitor. Barristers are experts in court and solicitors just run up loads of bills and don't achieve much.

In this situation, if they are both being heard at the same hearing, I think it could be advisable to use a direct access barrister to represent you if you can possibly afford it.

The reasons being - you're more likely to get an undertaking option - a barrister could persuade the Judge. The Barrister may be able to thrash out an agreement for child arrangements for a consent order and then the court process goes no further. If not they are more likely to get you an interim order.

Are you actually separated and are you getting to see your children? It sounds to me like the court can see the non mol application was a reaction to the C100 application.

But you want to avoid things dragging on for two years or more with contested non mols or even a fact finding hearing if the ex makes a lot of allegations. And then it also can get very expensive.

I think using a barrister now might nip things in the bud so it doesn't get protracted and expensive later. I mean it's expensive using a barrister, but FHDRA is a half day hearing. Fact finds can be 3 days!

 

[jafranks]

Hi

I’ve applied for a child arrangements at the same time ex has applied for non mol, had notice hearing today for non mol which I am contesting and they are setting it to be heard at the FDRH for the child arrangements.

I’m waiting on cafcass safeguarding atm with no FDHR set.

So I’m wondering how the non mol works with the child arrangements dealt with together?

Should I have demanded the non mol be heard asap or will this save me contesting it twice?

This exact same thing happened to me.

I put my C100 in and then the ex’s solicitor put in a Non Molestation. They got consolidated at the FHDRA and they stuck it on me. The court said it will help keep us apart and further conflict verbally. I hat was funny though is that due to the nature of my child arrangements (contact centre) we didn’t need to speak anyway. The Non molestation they continue to renew every hearing which was pretty bad for me as it was constantly used as a weapon against me even though conflict had stopped. I had it for about 2 years! Which made no sense - but I had a crap judge. Took a better judge to stop it and say how can you co parent with this for so long.

It helped for the peace with me and ex but it certainly didn’t help in court.

 

[Day]

I'm not sure about this to be honest, but the usual advice is not to contest a non mol or it can delay child arrangements for a long time. There is an option to do an undertaking instead sometimes. So you undertake not to contact her or go near her, but it can have clauses to say only for collecting or dropping of the child. The other alternative is accepting a non mol on a "no admission" basis. ie you accept the terms of a non mol but there is no finding against you. The difference between an undertaking and "no admission" non mol is the latter has the power of arrest and the former doesn't. If breached.

Do you have a lawyer? It's usually better to use a direct access barrister for hearings and not use a solicitor. Barristers are experts in court and solicitors just run up loads of bills and don't achieve much.

In this situation, if they are both being heard at the same hearing, I think it could be advisable to use a direct access barrister to represent you if you can possibly afford it.

The reasons being - you're more likely to get an undertaking option - a barrister could persuade the Judge. The Barrister may be able to thrash out an agreement for child arrangements for a consent order and then the court process goes no further. If not they are more likely to get you an interim order.

Are you actually separated and are you getting to see your children? It sounds to me like the court can see the non mol application was a reaction to the C100 application.

But you want to avoid things dragging on for two years or more with contested non mols or even a fact finding hearing if the ex makes a lot of allegations. And then it also can get very expensive.

I think using a barrister now might nip things in the bud so it doesn't get protracted and expensive later. I mean it's expensive using a barrister, but FHDRA is a half day hearing. Fact finds can be 3 days!

They wouldn’t accept a undertaking due to the allegations of physical violence, so I contested it as they’re false.

No I don’t live with ex, and I’m a LIP.

I’m just wondering will the non mol be contested in the fact find or will it get its own date now they’re trying to be dealt with together?

They haven’t got a FDHRA date yet so they are not actually listed I have to go back to another hearing for non mol to decide if they’re going to list them together or deal with the non mol by it’s self. Would I be better contesting the non mol separate ?

 

[Day]

This exact same thing happened to me.

I put my C100 in and then the ex’s solicitor put in a Non Molestation. They got consolidated at the FHDRA and they stuck it on me. The court said it will help keep us apart and further conflict verbally. I hat was funny though is that due to the nature of my child arrangements (contact centre) we didn’t need to speak anyway. The Non molestation they continue to renew every hearing which was pretty bad for me as it was constantly used as a weapon against me even though conflict had stopped. I had it for about 2 years! Which made no sense - but I had a crap judge. Took a better judge to stop it and say how can you co parent with this for so long.

It helped for the peace with me and ex but it certainly didn’t help in court.

Hi,

Was you contesting a non mol and they kept renewing interim or just had an existing one?

If you was contesting one how did it finally get dealt with in a fact find?

 

[Ash]

I'm a bit confused now. So if they wouldn't accept an undertaking then presumably you've had one hearing already? What is the upcoming hearing then - an FHDRA or a fact find?

 

[mva]

They wouldn’t accept a undertaking due to the allegations of physical violence, so I contested it as they’re false.

No I don’t live with ex, and I’m a LIP.

I’m just wondering will the non mol be contested in the fact find or will it get its own date now they’re trying to be dealt with together?

They haven’t got a FDHRA date yet so they are not actually listed I have to go back to another hearing for non mol to decide if they’re going to list them together or deal with the non mol by it’s self. Would I be better contesting the non mol separate ?

I had my fact find for the non mol combined with the CAO. The FF/ non mol came first and the findings where then forwarded onto caffcass for the CAO.

It was a disgrace tbh as it meant the non mol allegations become the focus and no way of countering.

 

[Day]

I'm a bit confused now. So if they wouldn't accept an undertaking then presumably you've had one hearing already? What is the upcoming hearing then - an FHDRA or a fact find?

I had my fact find for the non mol combined with the CAO. The FF/ non mol came first and the findings where then forwarded onto caffcass for the CAO.

It was a disgrace tbh as it meant the non mol allegations become the focus and no way of countering.

Yes I was thinking that’s what would happen.

So basically the exs solicitors is trying sabotage the CAO with this non mol so I’d be best requesting the non mol be heard asap individually.

I’m guessing I would still have to do a fact find as ex is obviously going to bring same accusations up though?

 

[Ash]

Have you had a Cafcass safeguarding letter and what does it say? I think you want to avoid a fact find and try and get the allegations dismissed. So what is the next hearing? What evidence do you have to prove her allegations of physical abuse are false?

In some cases at an FHDRA the Judge orders say 5 or 6 allegations to be submitted at the next hearing and statements and he decides whether or not it needs a fact find. That would be an opportunity to get the evidence in early and get the allegations dismissed.