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How to re-open NMO Case

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man.united332

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Hi,

Few months back I accepted an NMO on "NO Admission basis" although i felt strongly at that time that wife had no evidence to prove her claim but i didn't want any hassle/stress of further hearings.

Now she is using that NMO everywhere like she is a victim and do not entering into any negotiation of child/financial arrangements etc, and telling everyone (family worker etc) that she cant talk to me because there is NMO in place.

I'd like to go back to court and fight this NMO and work on my marriage as i don't want to give up on my marriage just yet, with this NMO in place i cant do marriage counselling, mediation, CAO, financials etc.

My question to you guys how do I re-open the case, should i contact the court again? and how?

Thanks
 
man.united332 said:
Hi,

Few months back I accepted an NMO on "NO Admission basis" although i felt strongly at that time that wife had no evidence to prove her claim but i didn't want any hassle/stress of further hearings.

Now she is using that NMO everywhere like she is a victim and do not entering into any negotiation of child/financial arrangements etc, and telling everyone (family worker etc) that she cant talk to me because there is NMO in place.

I'd like to go back to court and fight this NMO and work on my marriage as i don't want to give up on my marriage just yet, with this NMO in place i cant do marriage counselling, mediation, CAO, financials etc.

My question to you guys how do I re-open the case, should i contact the court again? and how?

Thanks
Click to expand...

Yes you can apply to the courts via, https://www.gov.uk/government/publi...or-discharge-an-order-in-existing-proceedings
 
I'm not sure working on your marriage sounds an option, to be honest, if she's making such a deal about the NMO. She doesn't have to enter into negotiations re child arrangements - you can just get signed off mediation and apply to court for a Child Arrangements order - at hearings she can sit behind a screen or whatever they do in these circumstances. However, the fact there is an NMO in place might count against you when going through Child Arrangements and I'm wondering if it's possible to do a double whammy and apply for CAO and NMO to be dismissed at the same time. What do you think @Scotay ? How long is the NMO for? A year?
 
nmo is for one year, how do i apply for cao and nmo together?

is there a fee to apply to court to discharge an order

I think the form is FL403, i dont see any fees mentioned?

if i apply and loose, do i need to pay the costs?
 
Ash said:
I'm not sure working on your marriage sounds an option, to be honest, if she's making such a deal about the NMO. She doesn't have to enter into negotiations re child arrangements - you can just get signed off mediation and apply to court for a Child Arrangements order - at hearings she can sit behind a screen or whatever they do in these circumstances. However, the fact there is an NMO in place might count against you when going through Child Arrangements and I'm wondering if it's possible to do a double whammy and apply for CAO and NMO to be dismissed at the same time. What do you think @Scotay ? How long is the NMO for? A year?
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I had mine for 5 years against my ex, depends on the level of harassment & risk i assume.

Could it be your ex has got this in place to stop you trying to right your marriage and is done with the mediation and counseling.
Perhaps you need to accept its over and focus on the kids.

Breaching this NM will cause you all sorts of problems if you continue.
 
Did you accept the NMO on no admission basis, or an undertaking? The big difference is that once the undertaking expires, it cannot be renewed, unlike an NMO which can be. The only way for an undertaking to be "renewed" is for the applicant to file for a fresh NMO, which of course you can contest.
 
sorry i got busy with work.

I accepted the NMO on no admission basis.

if i apply to discharge and lost my apeal,, do i need to pay the costs?

I'll fight for my marriage at all costs but this nmo is causing so much pain as i cant communicate with my wife.
 
man.united332 said:
sorry i got busy with work.

I accepted the NMO on no admission basis.

if i apply to discharge and lost my apeal,, do i need to pay the costs?

I'll fight for my marriage at all costs but this nmo is causing so much pain as i cant communicate with my wife.
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Hi, I'm not sure you understand,

Your wife has taken an NMO out as she does not want to work on the marriage or have any contact with you...

Your best bet is to now file for a CAO as the NMO has been accepted on a no admission basis.

Any further attempts at overturning the NMO will cause further problems in getting child arrangements sorted for your children, and it will cause further problems with your STBXW.

Strategically it's likely she has done this to gain the upper hand on child arrangements, Google "silver bullet divorce method".

Has she had occupation in the house? Filed for divorce? Where are the children living at the moment?
 
man.united332 said:
because of all the comments that my wife wont come back (which i know is true) but i dont want to loose hope even if there is one in a billion chance
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You have a NM against you so its most likely that's the process for her to stop you contacting her, if you do you run the chance of a conviction and ending up with a restraining order and these will do your chance of getting a CAO.

I can understand trying to sort your relationship out, i tried for years, but she has shut that door for you so you need to come to terms with that and move on for your kid.
 
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Really sorry - it's hard accepting something and wanting to try and not lose it. I think if it's meant to work out then it will. The NMO will only last for a year and then you can see how things are. I agree, focus on the child arrangements for now and use low key, amicable wording in court applications and position statements. There will be negotiations in court at some point and you can see how she is then. Once you have an order there is no reason you can't communicate amicably, once the NMO is over, and see how things go.

Try and focus on looking after yourself, keeping fit, eating well, doing the odd new thing or project. She might have second thoughts but you need to live life meanwhile. Also if you chase after her it gives her all the power to reject, so playing it cool is a good move anyway.
 
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