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Non-Molestation / Stalking Protection Order / Leave to Remove

4 replies

ReluctantWarrior · 04/01/2024 12:36

My ex had signed an undertaking (one year) to not attending or contact me at my address. The undertaking expired on the 23rd December and he showed up at my address on that day exactly with the excuse to post children's Xmas cards through my door. My neighbour saw and identified him.

I reported to Police and installed a RING bell.

He came back on 29th Dec (same excuse) which is the 3rd anniversary of our separation. This time I caught him on camera.

My ex is sinister, scary and creepy and very good at exploiting loop holes, grey areas etc.

The court order for child arrangements is 'no direct contact' and 2 phone calls a week. He has stopped calling the children right after court hearing in November.

Now, I have had enough, as this has been going on for 3 years. I went to Family court 5 times last year with him (twice as litigant in person). After the Final Hearing, I thought we were done with him and that he would stop and leave us alone. But that is naive, and I can never fathom how mad he is.

1/ The Police is trying to fob me off, yet it is a clear case of stalking.

National Stalking Helpline said that they would try and get me an advocate if the Police won't do anything about it.

Anyone managed to get a Stalking Protection Order?

2/ I now have to reluctantly apply for a non-mol.

Because there is a 'no direct contact order' for the children, would a non-mol cover the children? Am I more likely to have it ordered in an emergency?

(my experience is being stuck in between Family Court and the Police and no one wants to do anything about it, which is truly depressing).

3/ I feel truly unsafe (my ex lives 5 minutes away from me because he refused to surrender the Matrimonial Home and bought it of me in the end). I know now that nothing will stop him from harassing me, as he really deranged (caught him smirking on the RING camera, he enjoys stalking me).

Would 'Safety Concerns' make a good case for me to get a 'Leave to Remove' approved in court? (I'm European, and I now want to leave the UK, I can't bear it anymore and I don't think he will ever leave us alone. He fits in the stalker profile like a glove (obsessed, fixated, unwanted, repeated).

Thanks a lot!

OP posts:
Mumof3confused · 04/01/2024 17:58

How come you had an undertaking instead of a non-mol for the last 12m? I would reapply to court for a non-mol and let them know what he’s been doing.

ReluctantWarrior · 05/01/2024 09:54

Thanks a lot. Doing the application for non-mol today. My ex is really good at doing shifty stuff, and uses the children as an excuse. He makes his behaviour look normal (problem is that he believes this is normal and justified).

Last year (when I applied for non-mol), he 'found' my address (ie he followed the kids and me home), when we had a C8 in place to keep our new address confidential. When we refused to confirm the address, he sent amazon parcels to the boys to prove he was right. I had to reject the amazon delivery 4 times but eventually it got delivered and he 'won'!

This wasn't ground for a non-mol because not 'immediate risk of harm', just him sending gifts to the children. Same MO this year, except this time he is attending my address. It is very disturbing for the kids, because they know their dad is using their Xmas gifts to pester us.

OP posts:
Mumof3confused · 05/01/2024 12:03

But a non-mol isn’t just protecting you from risk of harm but also harrassment? I know exactly what you mean re appearing ‘normal’ when it is anything but.

ReluctantWarrior · 05/01/2024 12:43

I'm doing my new non-mol and ticked every single box in it regarding behaviour I don't want from him. Because if I leave one box unticked, he'll see it as an invitation to pester me.

Just spoken to Fear-Free who said it's a bad look him showing at my house on the day the undertaking ended.

OP posts:
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