Can my ex see our child if there’s a non-molestation order?

12 February 2021

If you have taken out a non-molestation order against your ex, they may still be allowed to see the children. It depends on the provisions in the order and whether any other court orders have been put in place. Having a non-molestation order in place doesn't automatically mean they can't see the children.

Non-molestation orders

When parents have separated, there can be very difficult circumstances to consider, and it may be necessary for one parent to obtain a non-molestation order against the other parent. This is a type of injunction which prevents one person from harassing the other. Non-molestation orders often include provisions that mean you cannot have any contact with the person who has obtained the order, or come within a certain number of metres that person or their home.

However, a non-molestation order will not automatically prevent your ex from seeing your children. If you are concerned about this, it may be necessary for other court orders to be put in place.

It may be that you're happy for your ex to see your child, but you do not want to have any contact with them yourself. Or it may be that you are cautious about contact between the children and your ex and you feel it should be supervised. Or it may be that you don’t feel it’s appropriate for your ex to see the children at all, and you need advice on how to protect your children’s best interests.

Your views and the way these issues will be addressed by the court will of course depend on the events that led up to the non-molestation order being made in the first place. If you need advice, our Family Law Solicitors can advise you on the likely outcome of any application, depending on your particular circumstances.

If there is a non-molestation Order in place, it’s unlikely that you will be able to address these issues without legal representation, as the order will prohibit contact between you and your ex. If so, a Family Law Solicitor can act on your behalf.

Our Family Law Solicitors can assist you in negotiating a suitable pattern of time the children should spend with your ex-partner with the appropriate safeguards in place. We can also advise you on making an application to the court in relation to you children, or responding to an application that your ex has made.

Our team of specialist solicitors have extensive experience in dealing with children law cases where there are complex circumstances to consider. We have successfully represented parents who wish to prevent contact between their children and their ex, and parents who wish to secure contact with a parent who has unreasonably refused it. In such cases it is important to seek specialist legal advice at the earliest opportunity to ensure the position you and your child is protected.

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