Sunderland Echo

My ex turned up at our son’s school and tried to take him

- By Andrew Freckleton

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.

 ?? ?? “Ever since we split up he has been pestering me with threatenin­g messages and phone calls.”
“Ever since we split up he has been pestering me with threatenin­g messages and phone calls.”

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