Can I see my child if there is a non-molestation order against me?
1st March 2019
Here at Brindley Twist Tafft & James, we are able to represent parties in both Non-Molestation Order applications where somebody is applying to prevent the other person from abusing them (physical abuse, emotional, psychological, sexual and financial) and for Occupation Orders which prevent somebody from occupying the home or coming within a certain distance from the family home.
Often when you make these applications, they are to protect not only a parent, but also a child, so it begs the question whether or not the person who has an injunction against them, can actually see the children.
Non-Molestation Orders do not automatically mean that you cannot see your children. It depends on the provisions in the injunction and whether any other Court Orders have been put in place, but if it merely states that you cannot carry out any abuse against the parent, then you may be able to agree contact through a third party, although it may have to be supervised.
Often, these injunctions run alongside child proceedings which will address the issue of contact and careful consideration will have to be made as to the wording of the injunctions and the wording of the child arrangements to ensure that they do not conflict with one another.
We can assist you in negotiating a suitable pattern of time that the children will spend with you with the appropriate safeguards in place. We can also advise you on making an application to the Court in relation to your children while responding to any application that your ex-partner has made in any child proceedings or in relation to any injunction.
You must note that often with Non-Molestation Orders there are restrictions on communication, so whilst you may not be able to physically see them, you also may not be able to communicate with them over email or text which obviously would be important in sorting out contact, so please get legal advice to make sure that you are not in breach as you will be arrested if you are in breach of an injunction.