Navigating a Non-Molestation Order in Family Court.

Understanding the Reality of Non-Molestation Orders.

The family court system was designed to protect vulnerable individuals from genuine abuse. However, many parents—especially fathers—are finding themselves on the receiving end of false or exaggerated allegations, often as a tactic to block child contact.

If you’ve been hit with a malicious non-molestation order (NMO), this guide will walk you through:

✅ What NMOs are really used for
✅ How they are granted (with or without notice)
✅ What to do if you receive one
✅ How to fight back and protect your parental rights

Before we dive in, a quick disclaimer—I’m not a solicitor, a psychiatrist, or a social worker. This is not legal advice. This is guidance based on extensive research, real cases, and personal experience. You should always seek legal advice where possible.

Now, let’s get into it.

The Truth About Non-Molestation Orders

A non-molestation order is a legal injunction intended to protect victims of domestic abuse from harassment, threats, or harm. When used correctly, NMOs are vital for genuine victims.

However, the reality is that these orders are now frequently misused as a tactical weapon in family court disputes, particularly in child arrangement cases.

Why Are NMOs Being Misused?

1️⃣ To Block Contact with Children

• If one parent wants to alienate the other, an NMO is an effective way to justify cutting off contact.

2️⃣ To Gain Legal Aid

• If someone claims domestic abuse, they automatically qualify for legal aid, covering their legal costs.

• Even if the claims are proven false, there are no penalties for lying.

📊 The Evidence? When legal aid was withdrawn for most family cases, NMO applications skyrocketed. Coincidence? Absolutely not.

🚨 The result?

• Good parents—mostly dads, but also some mums—are being falsely accused.

• They are cut out of their children’s lives and forced into a long, expensive legal battle just to prove their innocence.

And the worst part?
👉 There are zero consequences for making false allegations.

If you find yourself in this situation, here’s what you need to know.

How Non-Molestation Orders Are Granted

NMOs can be applied for in two ways:

🚨 1. Without-Notice (Ex-Parte) Applications

This is where things get really unfair.

❌ The applicant does not need to tell you they are making an application.
❌ The judge only hears their side before deciding.
❌ If granted, you are immediately restricted from contact.
❌ If you breach it? You can be arrested and sent to prison.

📅 2. With-Notice Applications

This is slightly fairer but still problematic.

✅ You receive a copy of the application, statement, and evidence.
✅ You get a few days (sometimes weeks) to prepare for the hearing.
✅ You attend court and argue your case before a decision is made.

In most cases, malicious applicants push for a without-notice order because they don’t want you to have a chance to defend yourself.

What To Do If You Get a Non-Molestation Order

1️⃣ Stay Calm

• Receiving an NMO is shocking and infuriating, but DO NOT PANIC.

• You need a clear head to fight this properly.

2️⃣ Read Everything Carefully

• Go through every allegation in detail.

• Take notes and look for:

  • Contradictions

  • False claims

  • Twisted versions of the truth

3️⃣ Decide Whether to Contest It

• If the allegations are true and relevant—accepting the order might be your best option.

• If they are false, exaggerated, or irrelevant—you MUST contest the order.

• Why? Accepting it can seriously damage your chances of seeing your children.

The Court Process – What to Expect

If you contest the NMO, the court will set out a timetable for evidence gathering.

📅 First Hearing

• The judge asks if you are contesting the order.

• If you don’t contest, the order is usually granted immediately.

• If you do contest, the court will set a schedule for evidence and hearings.

📂 Gather Your Evidence

The more solid evidence you have, the better. Here’s what to request:

📌 Police Reports – Request full police disclosure. False accusers often contradict themselves in police statements.
📌 School Records – Ask for the Child Protection folder from your child’s school.
📌 Scot Schedule – A document summarizing the key allegations. If the top five allegations are proven false, it can undermine the entire case.

⚖️ Dispute Resolution Hearing

• A chance to settle the case before a final hearing.

• The court will see if both parties can come to an agreement.

🏛 Final Hearing

• If no agreement is reached, the judge reviews all the evidence.

• You and the applicant cross-examine each other.

• The judge then makes a final decision.

This process can take 6–18 months, so be patient and stay focused.

Final Thoughts

The system is broken.

Non-molestation orders were meant to protect real victims, but instead, they’re being used as legal weapons.

If you’re facing false allegations, you must fight back. Giving up could mean losing contact with your children forever.

📢 Fighting a false NMO isn’t just about protecting yourself—it’s about protecting your right to be in your child’s life.

What Can You Do Next?

🔹 Like and Share the Alienated Dads Network Facebook Page (Click Here).
🔹 Get Involved, drop a text or whatsapp to 07883959195 to request support for your case or share your story in a Podcast!
🔹 Join our Membership for ONLY £97 Per Month and get 2.5hrs per week consultation, All the indirect support you can ask for. Weekly group calls with community, and training built around your needs. (Membership)

💪 Stay calm, stay focused, and fight for the truth.

The system wins only if you give up—so DON’T.

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Taking an Undertaking with No Findings & Combining a Non-Molestation Order with a Child Arrangements Order

If you’re facing a non-molestation order (NMO) and dealing with child arrangements proceedings at the same time, you’re in a complex and frustrating situation. The family court system is not always fair, and NMOs are sometimes used as a tactical weapon in custody battles.

👉 But here’s the good news—there are legal strategies that can help you.

In this post, I’ll explain:
✔️ What an undertaking with no findings is and why you might consider it.
✔️ How to give an undertaking instead of accepting a non-molestation order.
✔️ How a non-molestation order can impact child arrangements.
✔️ How to combine an NMO with a child arrangements order (CAO).

Let’s break it all down.

What is an Undertaking with No Findings?

If someone applies for a non-molestation order (NMO) against you, you have a few options:

1️⃣ Contest the order – This can be a long, stressful process that may lead to a final hearing where the judge decides whether the order is granted.
2️⃣ Accept the order without admitting the allegations – But this can seriously damage your case in child arrangements proceedings.
3️⃣ Offer an undertaking with no findings – This is often the best option if you want to avoid the risks of a contested hearing while maintaining your position in court.

What Does an Undertaking Mean?

An undertaking is a formal promise to the court that you won’t do certain things, like contacting your ex or going near their home. It’s NOT an admission of guilt, and the court does NOT make any findings against you.

Why Would You Give an Undertaking Instead of Fighting the NMO?

✔️ No findings of fact – The court does NOT decide whether the allegations against you are true or false.
✔️ Avoids a contested final hearing – This saves time, stress, and legal costs.
✔️ Less impact on child arrangements – Since there’s no formal ruling against you, it can help your chances in a custody battle.
✔️ No automatic criminal penalties – Unlike an NMO, which can lead to immediate arrest if breached, an undertaking requires the applicant to bring you back to court.

🚨 Warning: Undertakings cannot be used if the court believes there is a serious risk of harm to the applicant. If the judge thinks an NMO is necessary for safety, they won’t accept an undertaking.

How to Give an Undertaking in Court

Step 1: Negotiation

• At your first hearing, you or your solicitor can offer an undertaking instead of contesting the NMO.

• If the applicant agrees, the court will record the undertaking instead of making a formal non-molestation order.

Step 2: Court Approval

• The judge will ask you to confirm you understand the undertaking and its consequences.

• You are legally bound by it, but breaching it is not a criminal offense—unlike an NMO, which carries automatic arrest.

Step 3: Finalizing the Undertaking

• Once agreed, the undertaking is recorded in court documents and replaces the NMO application.

• If you breach it, your ex must bring it back to court—they can’t just call the police.

How a Non-Molestation Order Affects Child Arrangements

If you are dealing with child arrangements proceedings at the same time as an NMO, things get even more complicated.

📌 A non-molestation order does NOT automatically stop child contact—but it can be used as a reason to restrict or reduce it.

Many parents use NMOs as a tactical tool in custody battles. If a court sees an active NMO against you, they may assume you’re a risk to the child, even if the allegations are false.

So, what can you do?

How to Combine an NMO with a Child Arrangements Order

If you’re in this situation, you have three main options:

Option 1: Challenge the NMO Before the CAO is Decided

• If the NMO is based on false allegations, you should contest it before the court makes decisions about child contact.

• A non-molestation order can severely damage your case, making it harder to get shared custody or unsupervised visits.

Option 2: Apply for a Child Arrangements Order Anyway

• Even if an NMO is in place, you still have the right to apply for a Child Arrangements Order (CAO).

• The court must balance the NMO against the child’s best interests.

Option 3: Use an Undertaking to Help Your CAO Case

• If you offer an undertaking with no findings, it removes some of the legal weight of an NMO.

• This can help your child arrangements case, as there are no formal findings against you.

Steps to Handle Both Cases at Once

If you have both an NMO and a child arrangements case running, follow these steps:

Step 1: Inform the Court About Child Arrangements

• If you’re in an NMO hearing, let the judge know that a child arrangements case is also ongoing.

• The court may decide to hear both cases together or at least consider them at the same time.

Step 2: Request a Directions Hearing

• If the NMO is blocking contact, ask for a directions hearing to clarify how the orders interact.

Step 3: Ask for Contact Conditions in the NMO

• If an NMO is granted, ask the court to allow child-related communications (such as emails about school or medical issues).

Step 4: Show That You’re Acting in Good Faith

• Courts respect parents who cooperate and prioritize their child’s well-being.

• Offer reasonable solutions instead of just fighting orders outright.

Final Thoughts

This system is broken, and NMOs are often misused to cut parents out of their children’s lives.

But if you understand your rights and take the right steps, you can still fight for your relationship with your child.

📌 If you’re dealing with an NMO and child arrangements case, don’t panic—get strategic.

Key Takeaways:

✔️ An undertaking with no findings can help prevent damaging rulings against you.
✔️ Having an NMO doesn’t mean you lose child contact forever—but you must take action.
✔️ You can challenge an NMO or apply for a Child Arrangements Order even if an NMO is in place.