My ex turned up at our son’s school and tried to take him
My husband and I have been married for nine years. We have a five-year-old son and decided to split up; he moved out the family home three weeks ago.
Ever since he has been pestering me with threatening messages and phone calls. He turned up at the school unannounced to try and take our son. What can I do?
If you are concerned about the behaviour of your ex-partner, it is importantyoutakelegaladviceas soon as possible.
You are legally entitled not to be threatened or harassed by him and there are many ways a solicitor can help.
Itmaybewritingawarningletter to your ex-partner clearly setting out what communication, if any, you are prepared to have with him and the consequences that will follow if his behaviour continues.
Ifawarningletterfails,youcan applyforanon-molestationorder whichpreventssomeonefromdoing certain things such as harassing you, being violent or coming near your home.
This is a court order stopping your ex-partner from contacting you. For the order to be made the courtmustbesatisfiedthattheactions of your former partner are havinganimpactonyourphysical or mental wellbeing.
A non-molestation order can lastforupto12monthsbutcanbe extended.
If he were to breach this order he would be committing a criminaloffencewhichispunishableby up to five years in prison.
In some cases, an order is not always necessary.
Your ex-partner may be asked togiveanundertakingtothecourt insimilartermstoanon-molestation order.
If he breaks that promise, it is contemptofcourtandanapplication can be made to the court for their committal to prison.
If your ex-partner tries to take your son or threatens to remove him from your care I urge you to seek immediate legal advice.
An application to the court for a prohibited steps order should be made which will stop your expartner doing a number of things concerning your son, such as trying to remove your son from your care and turning up at the school unannounced.
Thecourtwilldecidehowlong the order should last.
You will also need to make an application for a residence order which decides who your son should live with.
Contact us on 0191 565 3112 or email advice@benhoarebell. co.uk.