Is this breach of non mol? Ex reported car stolen while I was driving it with the children

[Darkershadeofpink]

Exactly that really. Got solicitor letter asking me to return the car he leased. Instead of dealing with it through solicitor, he called the police yesterday and reported it stolen.

3 police cars swarmed me on motorway and asked me to pull over. Children in the car. I showed driving licence and they ran checks. They believed me. I am the named driver, he pays for it. Going through divorce. He bought expensive car on leaving and didn’t tell me. I don’t have enough money to pay the bills, or get solicitor.

is this a breach of the non mol I have against him, for harassment? Is this a malicious call wasting police time? They said it’s clearly not stolen. It caused us all distress.

police asked me to make a statement when I’m back in my home area. What will they do please? Arrest him? Or take days to do anything? I’m so worried about how volatile he is. Thank you so much

No-one can say for certain what the police will do or how long it will take, but your ex may be charged with wasting police time.

This is likely to be a breach of the non-molestation order. This is a criminal offence, so he may be charged with that as well.

Agree with Bridge who is a solicitor, non mol orders usually say something about causing third parties to harass you on their behalf.

Thanks so much both of you

I'm not sure I agree with the previous posters' advice.

Your first post contradicts itself.

He did go through a solicitor.

You might be the registered keeper but you are not the owner. He leases the car so it is his, though I'm not sure how this would work as the finance company normally has the lessee as registered keeper.

If under the finance agreement the car is his to do what he wants until the expiry of the term of the lease then you were driving the car without his consent. The police aren't lawyers or judges so you cannot necessarily rely on them having agreed with you.

Do you have a copy of the lease agreement? Is your name on it anywhere?

Most non molestation orders include direct and indirect contact, this could be perceived as indirect contact. Speak to your local domestic abuse police team when you return home

Unless he has previous for wasting police time they probably won’t do anything.

But you were o driving his car without his permission. He told you to return it via his solicitor and you didn't. At this point it surely becomes theft?

With a lease the leasing company is the RK and if the lease is in the ex’s name then what right does the OP have to continue driving it? If she has neither the Ex’s or the leasing company’s permission to be driving it then surely this is TWOK?

None of that changes the non mol, and there is ambiguity when she is the registered user. I can see the judge when it’s explained he bought himself a swanky car and also sent the police to recover his other car from his wife and kids who were in the car, when anyone could reasonably assume it’s part of the asset split. The house might be in the man’s name but that doesn’t matter if you’re married and separating, it’s a joint asset, and she has grounds to claim that here. Fortunately the police who swarmed the car recognise who the victim here is.

Thank you Codling. It’s been referred to CID. It’s a clear breach and he is likely to be arrested shortly I’ve been advised

And he very clearly cannot report it stolen.