Non mol order

[Endlessnine3]

I have just been served with a non mol order and I noticed that the judge wh signed it is the father of the ex,s solicitor and was a partner in that practice
I'm I correct in thinking that is a conflict of interest and he shouldn't have dealt with it
Thanks

[Aged William]

Judges were once practicing solicitors so it's not unusual for them to hear cases from their previous firms or chambers.

Unless you can show nepotism, impropriety, or have persuasive evidence that the Order was made contrary to law, fact or procedure - it is what it is.

But if you want to challenge the Order, I suggest you speak with a solicitor who specialises in family law about the merits of an appeal.

[Celestine]

Philip Bowen

[efpom]

Under English law, the test for establishing bias is as set out in the 2002 decision in Porter v Magill – whether a "fair minded and informed observer", having considered the facts, would conclude that there was a "real possibility" of bias.

Without knowing more, I cannot express a concluded view, but on the facts as given by the poster, it gets perilously to the threshold described in Porter v McGill.

If the order was made "ex parte", there will be a swift return date, where the recipient of the order will have the right to be heard on whether the order should NOT be extended, Meantime the recipient should comply with the order.

[islandgirl]

Do you need to speak to or visit your ex? Non mol orders cannot be granted without reason. If you think there has been bias then by all means complain but it will be pointless if another judge would merely put the order into place anyway. If you do not need to see or speak to your ex why bother?

[Endlessnine3]

All sorted not got that judge
and I've sent in fl403 form as I have proof she and her family are the violent ones and she is using the non mol to keep me away from the kids for no reason and its full of lies

[Graham h]

Hi
i was served a non molestation order
last week
came as a huge shock
it has deeply affected my mental health
not able to sleep etc.
have spent a week trying to find a solicitor who will
help
but slow because i don’t have id with current address
I have no home
no money
no family to speak of
no friends
no hope
Joint tenancy mortgage
3 kids
the order is just against me and ex
claiming i am intimidating she cant get on with her life
Seeing me about.
that i am moody
bad tempered
controling!
even tho for over twenty years she did all the house finances.
even held the cards in my name.
i don’t know where to turn

[Endlessnine3]

If you have proof of false allegations contest it as that is what I'm doing and I'm in the same boat as you

[islandgirl]

Was the order granted after a court case of any kind? If not who put it in place? Magistrates?