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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Non-Mol Order and children

10 replies

Dreamies4MeNotYou · 06/08/2023 01:57

Has anyone had a non-mol granted and included children on it, or not included if they don't want to be?
And if granted, how does communication work regarding child access, does this have to go through court if mediation isn't advised?

OP posts:
runner55 · 07/08/2023 22:36

My non-mol included DC. Communication re child contact was all via solicitor. Do not try to mediate with an abuser.
Eventual child arrangement order specified that contact in accordance with the order would not constitute a breach of the non-mol.

Dreamies4MeNotYou · 08/08/2023 02:32

Thank you! Did your solicitor write to specify how you wanted contact to happen before your non-mol whilst you were waiting for the actual child arrangement order? I'm waiting for legal aid to happen before any solicitors' letters are sent, and also waiting to hear re/ a non-mol, its an awful wait.

OP posts:
runner55 · 08/08/2023 09:28

Actually we withheld child contact altogether as he had been abusing DC too and we had police involvement so good evidence. Court ordered letterbox contact only.

The wait is terrible but the freedom the other side is golden. Hang in there.

Dreamies4MeNotYou · 09/08/2023 01:21

Sorry, that must have been awful for you Daffodil
We are out, but some of the children have seen him at their request
-he is lying about me to them already ...

OP posts:
runner55 · 10/08/2023 11:16

Your kids will figure it out. How old are they?

SushiSuave · 10/08/2023 11:25

My mother had this order against my dad, it included my sister and I. However, my dad bullied and manipulated me into writing to the judge to say I didn't want to be included on the order and I therefore wasn't. So either are an option.

SiouxsieSiouxStiletto · 10/08/2023 13:33

Dreamies4MeNotYou · 06/08/2023 01:57

Has anyone had a non-mol granted and included children on it, or not included if they don't want to be?
And if granted, how does communication work regarding child access, does this have to go through court if mediation isn't advised?

DC automatically exempts you from Mediation.

Reugny · 10/08/2023 14:12

he is lying about me to them already .
Even if it gets written into the Order you can't stop sneaky behaviour. You just have to allow your children to see and work out themselves that he doesn't always tell the truth.

And if granted, how does communication work regarding child access, does this have to go through court if mediation isn't advised?

Your solicitor should be trying to negotiate with your DC father, directly if he's not represented, or DC father's solicitor. Then if there is agreement get that written up as an Order.

If there is no agreement then you have to go to Court leaving it to your barrister to try to negotiate an agreement with him, directly if not represented, or his barrister to turn into an Order on the day. And failing that the judge will rule.

It depends on the nature of the abuse on how contact is arranged. So I know people who even though there was no abuse that went to Court but had allegations been made about them, so had restrictions written into their Child Arrangements Order.

So parties can be prevented from going to the other's home/place of residence plus handovers can be done at school or through third parties if it can't be done at school or done in a public place where the children walk from one parent/third party to another.

Between the parents there may be verbal and written communication allowed, only direct written communication allowed, or only written communication through a third party e.g. family member, family friend.

Obviously this depends on the age and maturity of the children involved particularly if they are secondary age, and also the judge.

Dreamies4MeNotYou · 10/08/2023 16:09

Thank you for your replies.
I have been told a non -mol may not be granted as there has been no direct contact since his arrest and a warning letter has been suggested as an alternative approach, as has waiting to see if he attempts to make contact, then reconsider a non-mol.
I'm leaning towards a consent order (via my solicitor) as current contact is highly manipulative, and i don't want this to continue informally I have two teenagers.

OP posts:
runner55 · 10/08/2023 16:28

Teens will be listened to in court, I realise your ex is being manipulative but in terms of court orders relating to your children, the court will probably ask their views.

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