When we serperated in Aug 05 i said to him he could see the kids whenever he wanted just give me a call, he replied i'm dicating and took the matter to court to get the judge to rubber stamp dates.Contact had broken down before it got to court but resumed once the order was stamped as it was my duty to make the children avaliable.In the meantime his behaviour got out of hand with his threats of coming round having talked to my sol she said for me to move would be the best thing so i moved miles away, there was a mutual hand over place which was an airport.He see the children twice he wanted 1 out of every 8 weekends.On the 3rd contact after i moved he never showed at the airport i had to get the police from airside to check the data to see if he was booked on ay flights he was'nt my kids seeing the police approach me thought i was going to be arrested and the look of fear in their faces is something i will never forget.Few days later an another C1 form arrives he is taking me back to court to amend his contact order, the case got transferred to near me and i had to see CAFCASS, he never see CAFCASS and on the day of the hering he ever showed so case was thrown out.Fast forward to Aug 07 with no contact for 16 months i meet him in court for first appoinment and allowed him to see the children this was to be a regular thing for all of 3 weeks he then wanted then every other sunday for 5 hours bearing in mind i had moved for his and the kids benefit.He now has'nt seen the kids for over 6 months and keeps writing letters to everyone CSA, job centre employment agencies Timeshare people in america slagging me off saying how i don't let him see the kids, which is not true he has also reported me to social services and tried to get me committed to a nut house , he is a violent and aggressive man towards me i have had enough of his behaviour my sol knows this but has not done anything to help me i 'am now on quite a high doseage of antidepressants and just want him off my back completely.All these letters are coming via my sol and she knows the reason for me divorcing him was UB based on DV.
s42(5) Family Law Act 1996 sets out the criteria for the making of a non-molestation order, namely "all the circumstances including the need to secure the health, safety and well-being of the applicant or of any relevant child".
The following principles must be considered by the Judge when deciding whether to grant an Order:
1. There must be evidence of molestation.
2. The Applicant must need protection.
3. Judge must be satisfied "on the balance of probabilities" that the Court's intervention is required to control the behaviour complained of.
Have you discussed a NMO with your sol and did she give any indication why you shouldn't take action? Potential costs, perhaps?
fiona i am a criminal solicitor.i don't know if you work or not ie costs of applying nmo.i am still married to a s... and in my job i represent a lot of s... great! i would do as follows 1) check with solicitor sounds like he has no fear or respect there.2) ring up the local cop shop say thet you have spoken to a solicitor me! if you want my personal details e mail me tell them how he has harassed you and the effect it is having on your mental health they can go visit him and issue him with a first course of conduct warning gobbligook for telling him they are making a record and if he does owt aghain he will be arrested for harrassment.keep a full diary of what he is doing ie dates times.if he then goes on to harass you he will get arrested and questioned maybe charged they can put bail conditions on him same as nmo.pity i am not brave enuf to follow my own advice.!