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Need advice Non Molestation & Occupation Order

  • KP28
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19 May 09 #117607 by KP28
Topic started by KP28
My partner left his ex seven months ago he has 2 children to her and he is to go to court tomorrow to get access. At first she let him have contact however this was always at their home and he was not allowed to leave the house with the children. She kept changing times and dates when he was allowed over so he told her that if she did not play fair he would have to go to court on hearing this she stoppedhim from seeing the children completeley. On Thursday six days before he is due to court for access she took out a non molestation & Occupation Order out against him for making threatening phone calls. Will this affect his chances of getting access tomorrow and can he contest this order as the phone calls were not threatening although they were a bit heated.

  • mumtoboys
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19 May 09 #117609 by mumtoboys
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He should have got a date with the Non-molestation Order and Occupation Order for going to court to defend them - usually about a week after they are issued? Unfortunately, it doesn't take much, or so it seems, to get a court to issue these orders but it is possible to have them revoked (this is my experience - stbx did it to me because he could, not because he had a real reason to). There has to be a system of checks and balances.

Hope that helps.

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