Family Law Case Study – Getting an Emergency Non Molestation Order

14 July 2016

Client Situation

Miss G contacted our Family Law Solicitors for help. She'd been living with the father of her two children, but had suffered from domestic abuse.

Miss G had contacted the Police but no action had been taken against her ex-partner. Miss G was living in fear and because their relationship was so hostile, she'd not had the opportunity to arrange access to their children with her ex-partner.

She was concerned that he would not return the children to her and was also worried about her children's welfare as they had seen some of the abuse that she had suffered.

Miss G wanted to instruct our Family Law Solicitors to help her to get an emergency Non Molestation Order from the Court.

How We Helped

As soon as we were instructed to represent her, our Family Law Solicitors made a without notice urgent application for 2 Court Orders, a Non Molestation Order and Prohibited Steps Order.

These Court Orders were immediately granted by the Court and a further Court hearing was listed (scheduled) to hear from the children's father. Once Miss G's ex-partner received the Court Orders, he tried to defend the application.

At the next Court hearing, and because of Miss G's ex-partner's negative reaction, we made another application to the Court for a Child Arrangement Order confirming that the children were to live with Miss G and spend time with their father.

The Outcome

The Court made final Orders for the Non Molestation Order and Prohibited Steps Order at the next hearing.

The Child Arrangement Order was contested by the father and these proceedings continued. The Court asked for Social Services to be involved and for a Psychologist to assess Miss G and the children. They wanted a report about the effect that their father was having on the children.

Social Services were concerned about the impact on the children from having contact with their father, and ordered that contact would be supervised at the start.

The Psychologist assessed Miss G and the children. Both Miss G and the children were suffering from emotional and mental harm from the father. As a result, contact with the children remains supervised and Miss G's ex sees his children on alternate weekends.

Miss G and the children are protected by the Non Molestation Order and the Prohibited Steps Order. The Court issued a final Order confirming that the children are to live with Miss G permanently.

For information about the types of Court Orders and Injunctions available in England and Wales for Family Law, Child Custody and Divorce Financial Orders, see Court Orders.

Co-op Legal Services offer fixed hourly Family Solicitor legal fees for assistance with a wide range of Court Orders for Family Law, Children Law and Divorce. Once we have provided a written quote for the agreed, that price will not change.

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