In TWO recent hearings, we have been successful in having the non-molestation order removed in the very first hearing. Here is the tale, of two client's success and relief of having an unfair non-molestation order removed.
A Summary Version of One...
The first, was a Father, who's ex-partner had obtained a non-molestation order, that in our view was a form of revenge on him as he has been assessed to be the responsible parent who has been given interim care of their child.
The District Judge, thankfully sided with our argument, that the application had been made as 'a smokescreen' for child arrangements, with the District Judge ultimately deciding to set aside the order.
The District Judge went on to say that they are setting the order aside, so both parties are on equal footing. It was further said that, just because the order is not in place, neither party, should proceed to take this to set each other up for a fall and that court will take a dim view.
The matter is now, rightly so, focusing on the best interests of the child, caught in the middle of parental conflict.
A Detailed Version of Two...
Non-molestations are not just used for partner's or ex-partner's, but also for family members...this brings us to our next case, of a Daughter and a Mother.
A Family Feud!
Recently, a Grandmother came to us, distraught, her Daughter had obtained a non-molestation order against her. It was clear from the get go, this was not a matter of molestation, but a family feud, that had escalated.
An Abusive Grandmother? Hmm.
The Daughter, placed a great deal of emphasis on her struggling relationship with her Mother throughout childhood, and essentially, as we saw it, used the past against the Grandmother to characterise her in a negative light, somewhat unfairly - The Grandmother, then herself, a victim of domestic violence.
The Daughter had adopted a narrative to meet her own requirements to apply for the non -molestation order, twisting several events, to depict her Mother as controlling. One example, including accusing her Mother of controlling the birth of her son. This was deeply upsetting for the Grandmother, considering she was there for her Daughter and Grandson, when he was born prematurely, and watched her daughter have to be resuscitated. This was a deeply distressing time, any ‘control’ was a concerned Grandmother, looking out for the wellbeing of her Daughter and newly born Grandson.
Whilst there had been serval family conflicts, over the years, with the Grandmother admitting fault, it was ultimately the Daughter that had to attend a course to help her with her angry and aggressive behaviour.
A Concerned Grandmother
The Grandmother had raised valid concerns about her Daughter's capabilities as a Mother, her drug use, rumoured prostitution and involvement in abusive relationships.
The Daughter accused her Mother of frequently contacting social services, and this is true as there were valid concerns:
Her Daughter continued to be in abusive relationships.
Her Daughter had been in a violent altercation.
Her Daughter had engaged in prostitution.
Her Daughter had left the Grandson, with an unsuitable person.
Her Daughter had been seen leaving a drug dealers home with the Grandchild.
The Catalyst
The Grandmother was very concerned that her Daughter had began a new relationship and frustrated as she had previously saved her Daughter from several abusive relationships. With the Mother herself, admitting her past and it was the Grandmother that had saved her from these relationships.
The catalyst for the Daughter's application, came when a cousin ‘had a word’ with the current partner, of the Daughter, that in turn, resulted in shouting in the street, from both sides.
At this point, we thought, the Daughter had painted an inconsistent picture that made little to no sense- How could the Grandmother, be the supportive Mother, rescuing her from abusive relationships but also be the cause of the abuse.
It's All About the Grandchild
The Grandmother, had sent a letter to her Daughter, to ask to see her Grandson, which was further used in the Daugther's application for a non-molestation order. This is not an example of molestation just simply a Grandmother wanting to see her Grandson.
It was clear to us, that the actual focus needed to be on the Grandchild who was sadly caught in the middle of this argument, between adult family members.
The Grandmother, is now proceeding with an application with the Court, to gain access access to her Grandson. Please see a previous article, on Grandparents legal rights to see their Grandchildren:
https://www.incourt.co.uk/post/what-are-the-grandparents-legal-rights-do-they-have-any-legal-rights-to-see-their-grandchildren
Decision
The matter was before Magistrates and a Legal Advisor, who ultimately saw the reason, behind the Non-Molestation, for what it was - to punish the Grandmother and alienate her from her Grandson, for simply trying todo the right thing, that was to look out for her Daughter and protect her Grandson.
The Magistrates concluded that the Daughter did not satisfy the criteria for a Non-Molestation Order, and added to this, she had herself, failed to attend.
The Magistrates agreed with our viewpoint that the Daughter's case, had failed to satisfy the test for balance of harm and they set aside the Non-Molestation Order.
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This blog article should not be taken as Legal Advice.
If you need help with Family Law Matters / Children Act Matters, please feel free to contact us on our website at; Help@inCourt.co.uk or call us on; 07375757510