31/10/2021
Non Molestation Orders
Earlier today I spoke to a litigant who was asking whether they will get into trouble - their ex partner has a non molestation order against them, and now keeps messaging and asking them to come to the FMH....
Immediately the advice given was to not engage with the ex partner, and no matter how tempting the offer of seeing the children, do not fall into the trap which was being set.
Under section 42A of the family law act 1996, any breach of a non molestation order is a criminal offence punishable by up to five years in prison, it is an arrestable offence and there is no need to obtain a warrant.
The litigant in question is rightly saving screenshots of the attempts from the other party, but what more can be done.....?
When you have clear evidence that an individual is using a non molestation order maliciously and that they are clearly trying to encourage you to breach the non molestation order you can submit form FL403 along with a supporting statement, and your evidence, to request that the non molestation order be set aside (removed) due to the fact that the party who the order is intended to protect, clearly does not need the protection.
More importantly, you cannot be expected to continue to be harassed by the other party, with them clearly trying to get you into further trouble, which will in turn be detrimental to your contact with your children.
If you have any questions about this post, why not join Childrens Rights UK or Fathers Rights UK where you can gain access to free impartial advice and support. We also have four McKenzie friends on hand should you feel the need for more personal one-to-one support through your own proceedings.
