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  • Jazz555
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15 Feb 15 #456194 by Jazz555
Topic started by Jazz555
Hi there, can anyone please help me. I am going through a divorce and just finished with our childrens custody case. Judge ordered 50/50 shared care. Ex has been difficult, being helped along by the wishy washy court order. Ex has always made allegations of my ''violent'' behaviour towards her and her father. However just recently I got punched in the face by my ex, but police not charging. Perhaps I should add we are a same sex couple. Now ex not allowing me to collect my son until 6pm until a third party can do the handovers with me as she is stating that she is ''scared to do the handover'' YES, even though I have never laid a finger on her and she is the one that punched me in the face splitting my lip open. I have applied for a child arrangements order but since applying I now have received a non molestation order against me. I will be going to court to defend this, does anyone have any advice for me please. I fear this is an attempt to stop me seeing our children. Many thanks.

  • Fiona
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15 Feb 15 #456198 by Fiona
Reply from Fiona
Be careful about defending a non-molestation order as the general court rule that the unsuccessful party to an action pays the costs of the successful party applies. If the opportunity arises it may be better to agree an undertaking not to molest or pester your ex, or to go near her or where she lives.

An undertaking or non molestation order doesn''t necessarily prevent contact. For example it is possible to collect children from school or nursery and drop off them of there.

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