Overturning a Non Molestation order

[Soul2Soul]

I'll try and be as concise as I can, but am really worried so appreciate any advice!

After I left abusive ex, (EA and violent) he had very regular contact with our DS's at my home for just over a year but this was moved to a contact centre after repeated threats and aggressive behaviour in front of the boys. The youngest (3 at the time) said he didn't want to see him as he was scared of him and he had hit him. My Solicitor wrote numerous letters asking him to modify his behaviour, all of which he ignored. Eventually contact was moved to a contact centre, which was very successful as far as the DS were concerned. It was agreed that if he completed a parenting course and an anger management course, he could go back to unsupervised contact.

Eventually, after further threats, a Non Molestation Order was issued for a year. He breached the NMO several times (nothing aggressive but repeatedly contacted me when he was forbidden from doing so). He was arrested, charged and given a conditional discharge. Another NMO was granted when the original expired, which runs until next year.

At present, he hasn't seen the boys for almost a year as he refuses to go back to a contact centre. He refused to go to a session I set up for Christmas Eve and didn't bother sending the kids any cards or anything at all.

I've now been summoned to a Contact hearing as he wants to push for unsupervised contact. Now I have received a second summons for another hearing a week later, to overturn the NMO. The tack that he is taking is that it is all lies, there was no abuse and I only got the NMO in place to stop his relationship with the kids.

I'm assuming he is doing this as it will obviously be easier to have unsupervised contact without the NMO (although the NMO only forbids contact with me, not the boys - he's dropped contact on his own)

I'm pretty okay with the process for the contact hearing, but what's the process for overturning an NMO, and how common is it? I'm really worried as I'm genuinely scared of him and with the NMO in place felt that we were safe for the first time in years.

Any thoughts?

[olgaga]

Presumably your solicitor will be saying what you have said here, on your behalf? Your reasons for wanting to keep the NMW are pretty compelling. I don't see how he can successfully argue that it was all a pack of lies when he has a record of breaching the NMW - that does rather speak for itself.

It doesn't affect his ability to have contact with the children, you can show you have taken the initiative and set up sessions he hasn't bothered to turn up to, so I can't see how he will be able to make much of a case.

A proper written record with dates will assist on the day.

[Soul2Soul]

Thanks Olgaga,

that's really helpful. I think it's just the underlying fear that it could be overturned that's on my mind. So much seems to depend on the judge on the day.

I just wondered if anyone had been through this before. Also, as I am a lone parent with little support, I don't always have anyone around to talk it through, so my perspective gets a bit skewed!