Back to court little help please :-)

[smiler01]

Hi
Long story short my other half has a restraining order, his ex accused him of assult it went to court he was found not guilty but still given the order. He wasn't guilty either but that's another whole story!
there are loads of details but basically my partner is going to court to apply for contact and wants to get rid of the restraining order so he can see them as at present he cannot contact his ex directly or indirectly or attend her address....(her old addres as has recently moved)

his ex has used the restraining order to get a move thru the local authority,moving from 2.7 miles away to 0.3 miles away (literally just round the corner) My partner attempted to get contact to begin with at a contact centre as they couldnt be around each other however his ex wanted to be present for contact but wouldnt allow the restraining order to be removed (due to wanting a move) so the contact centre couldnt arrange the contact.

My partners solicitor wrote to court explaining all the details of why we would like the restraining order discharged and sent the letter from contact centre confirming she wanted to be present but wouldn't get rid of order which shows she isn't scared of him etc (which she isn't again a dif story lol) he now has a court date....

what I would like to know if someone could help is what will happen at court? will his ex have to be there will they ask what she wants as she is also using it top stop contact and what could my partner get as proof he isn't a risk to her and she isn't scared of him and has moved closer to him etc


Just any info would be really helpful as our solicitor is actually a family solicitor who wrote to the court on his behalf so were all just a little unsure of what will happen or could happen

Thanks in advance
Claire

[Collaborate]

Can't his solicitor answer this question?

[smiler01]

No as I explained his solicitor is a family solicitor and isn't totally sure she has just been helping us with this criminal issue never dealt with something like this before or attended court for something like this, hence why I took time to post a question on here.....

[GypsyMoth]

Her moving closer should not matter or 'show she's not scared of him'!

[smiler01]

Wow so helpful....thanks for ur time

[Collaborate]

I think her moving closer might well show she's not concerned about him. I had a client once who had a 5 year restraining order but because she allowed her ex to collect the child from her home the police wouldn't help her when she complained about threatening behaviour. Astounding.

[GypsyMoth]

Maybe it's nearer a good school/work/family, who knows??

[RedHelenB]

I should imagine he would get contact as courts do usually decide that it is in a child's best interests to see both parents oin a regular basis & if she won't allow him to collect from hers or would take the children to his some third party might be needed to facilitate contact. Is his Mum around for example?

[smiler01]

unfortunately she hasn't moved closer due to schools etc and has been contacting him saying he can have contact but she needs to be present she is goin to places knowing where we will be etc...there is alot of history but she is still in love with him but she manipulates the system to get what she wants like the move
Just wondered what would happen at court when we try to get restraining order discharged

[Collaborate]

Not sure that anyone who posts here has any experience of such an application.