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Injuction and prohibited steps order on friend!!!

  • sleepybird
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28 Sep 12 #358405 by sleepybird
Topic started by sleepybird
Hello

Iam writing on behalf of a friend.

He split from his partner 3 months ago. He has been having contact to his 6 year old daughter but after a disagreement at drop off that lead to the police being called, she decided she would stop all contact. She tried to attack him on this occasion which was witnessed by the police.

He then wrote her a letter asking her to attend mediation to arrange contact with his daughter but had no reply

Yesterday out of the blue he is served with an injuction order and prohibited steps order. The hearing is set for mid nov.

He is so lost with what to do. He has a very close relationship with his daughter and she misses him very much as he does her.

The relationship does have a history of ''domestics'' but he has never been arrested for anything in his life doesnt take drugs, drink etc and has never physically hurt his ex or daughter.

She on the other hand had been charged with ABH on him previously and also for attacking his mother and has a history of drug abuse which she had sought councilling for and her GP''s help.

She has made a statement that he beat her for years and also hit the daughter and needs the injunction to protect them (not true at all) he adores his daughter and has been the main parent in her life for 6 years, while the ex has found it hard to be a good mother.

He is desperate to see his daughter but is unsure how to go about this now as he doesnt want to wait until november.

He said that on the prohibited steps order it states that she is happy for supervised contact to go ahead in a contact centre???

He has also been informed that he can appeal both of these orders within 48 hours of being served them, is this correct??

Just not sure what to do now or how this all works and how to go about getting any sort of contact. i am thinking it would be an interim order but as there is also a prohibited steps order in place not sure if this applies.

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28 Sep 12 #358423 by u6c00
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From the sounds of it the orders were granted ex parte - that is where only one side is present in court. When orders are granted ex parte the person being served is allowed to dispute the order.

I took out an ex parte PSO at the start of my proceedings; the wording of mine is "Liberty to the Respondent to apply to the Family Proceedings Court to vary or discharge paragraph 1 of this order on 48 hours written notice to the Applicant."

Your friend''s may be worded differently but I think that''s what you mean by 48 hours to appeal.

I think he should take legal advice, fill in a C100 and under orders sought write Discharge Non-molestation & Prohibited Steps Orders. Also he should seek either a contact order or a residence order.

The court should hopefully get back to him quickly for an inter parte hearing on the PSO and Non-Mol and he has to serve the mother with notice of proceedings at least 48 hours before the hearing.

I''m assuming a lot is similar to what I was told at the time when it was my case so it''s possible (indeed likely) that I am wrong on some points so I would suggest legal advice urgently!

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28 Sep 12 #358425 by sleepybird
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I told him it was an ex parte hearing when he rung me.

Thanks for the advice, he can''t afford a solicitor as he may lose his job next week too ( life''s a bummer)

I will look into what you have said and let him know. I didn''t know you could counter apply to court when a court order has already been granted.

Do you think he should still send the c100 even though there''s a prohibited steps order?

Sorry just so confused

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28 Sep 12 #358427 by u6c00
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The title of C100 is:

Application under the Children Act 1989 for a residence, contact, prohibited steps, specific issue section 8 order or to vary or discharge a section 8 order.

A section 8 order is Contact, Residence, Prohibited Steps or Specific Issue Order
Children Act 1989 Section 8)

I''m not actually sure about the non-molestation order or what form needs to be filled in for that as it is not a Section 8 order and probably not covered by a C100.

From things that I''ve read, in order to overturn a non-mol order you have to prove that leaving it in place is more detrimental than removing it. Otherwise the court will be inclined to ''play it safe.''

An example might be if two people worked in the same office a spurious non-molestation order might cause the respondent to be unable to work and lose their job.

What is the purpose of the orders? A PSO is to stop a person from taking an action related to parental responsibility (i.e. removing child from school, moving house etc).

TBH it sounds like the PSO and non-mol are fairly irrelevant in the scheme of things. The fact is that she has broken off contact and he needs to act.

My recommendation would be to fill in forms C100 (applying for either contact or residence/shared residence) accompanied with form C1A (Allegations of harm and violence) citing that she has physically attacked him and that the child has witnessed violence at the last handover and anything else that''s relevant.

He could also go to the court office and take along form C2. In the orders sought write ''Time abridged for service'' (I made a post on this a couple of weeks ago - TBagpuss''s response explains what this means). This should mean that the court will list it for an urgent Directions hearing at which point contact can be re-established.

To start with it''s likely to be supervised because of the allegations that have been thrown but any contact is better than none at this stage and waiting 6-7 weeks is not ideal.

At the directions hearing they will probably make sure that some contact is ordered and then adjourn to allow CAFCASS to do their safeguarding checks. At the next hearing (the one that''s already listed for November) he can seek a fact finding hearing to disprove her allegations and dispense with the supervision.

The point of a fact finding hearing is to establish the truth or falsehood behind the allegations as rapidly as possible so things can get resolved quickly.

Hope that helps

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