Non Molestation Order and Full Residence Order Case Study

23 September 2016

Client Situation

I was instructed by the mother of 2 little girls aged 2 and 4 to make an application to the Court for a Non Molestation Order and a Full Residence Order against the child’s father.

He had been mentally abusive throughout the relationship and was heavily dependent on class A drugs. He had regularly taken the children and not returned them to the mother in a deliberate attempt to worry her. He had constantly phoned and texted the mother in a bid to recommence their relationship despite the mother insisting that the relationship was over.

He had been abusive towards the mother when she had not agreed to enter into another relationship with him. This form of abusive had continued for over 4 years and the mothers’ health along with that of the children was affected in a negative way.

How We Helped

Initially an application was made to the Court for a Non Molestation Order. The father contested the same and the matter entered protracted litigation that lasted in excess of 12 months.

Running parallel to this was an application to the Court in respect of the children allowing the mother to have full residence of the children with supervised contact to the father.

Again the father defended the application and litigation commenced resulting in a 4 year Court case. The father disobeyed every Order that the Court made. The mother was finally awarded the Non Molestation Order which the father breached on 3 occasions causing the mother to return to Court to enforce the Order. 

The Court granted the mother residence of the children and awarded the father supervised contact. The father appealed and the matter ended up before the High Court.

There were extensive reports produced to suggest that fathers’ mental capacity had been considerably affected by the amount of drugs that he had consumed and psychologists reported that under no circumstances should the children be left in his care. Throughout the case the father continued to defend himself at times using legal representation and at other times appearing on behalf of himself.

The Outcome

The case concluded some 5 years after it had started and the children were then aged 7 and 12. The mother was awarded full residence of the children and it was further ordered that the father was to have no contact to include letter box contact with the children. 

The case was somewhat of a landmark case in that it is highly unusual for a Court to make an Order that a father with Parental Responsibility effectively be barred from seeing his children. However the Court were satisfied based upon the evidence put forward by the mothers legal team that the father posed a great risk to both her and the children.

For details about the different types of Court Orders available in England and Wales see Family Law and Divorce Court Orders.

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