A non-molestation order may protect the applicant and named children. Or it may protect only the applicant but still make handovers difficult because you can't contact or go near them. Read the order carefully to see whether children are named.
Can I still see my children?
A non-molestation order does not automatically decide contact. But if you cannot contact the other parent, you'll need a safe and lawful way to arrange time with the children, for example through a solicitor, a third party, a contact centre or a child arrangements order. Never arrange contact directly if the order forbids contact with the applicant.
Ask for the order to allow arrangements
At the return hearing, you can ask the court to include wording that allows limited contact for child arrangements (for example via a named relative or a co-parenting app). Mention this on your FL435.
Child arrangements proceedings (C100)
If you want a court order about the children, you may need to apply for a child arrangements order. Allegations of domestic abuse will be considered under Practice Direction 12J, and a fact-finding hearing may be needed. Where there are linked children proceedings, respondents are more likely to qualify for legal aid in the injunction case.
Frequently asked questions
Does a non-molestation order stop me seeing my kids?
Not automatically. It depends on the wording. But you must not breach the order's terms when arranging contact. Ask the court to vary the order or make child arrangements if needed.
Should I apply for a child arrangements order?
If you can't agree arrangements safely, you may need to. Take advice first, because mediation exemptions and domestic abuse issues apply.