[lisamoon69]

My partner's ex has applied for various orders through the court on the basis that he has been 'harrassing' her. She has no evidence, only fabricated conversations that never happened accusing him of calling her names. Will the court take this seriously? There has been a court date set so does this mean that they are taking her statements as evidence? My partner has abusive text messages etc saved on his phone however she has nothing as he has never reacted to her. She wants to stop him from seeing their daughter and is using 'emotional abuse' as a reason. He currently has a court order in place and she is trying to discharge it. Any advice would be greatly appreciated.

[AK lawyer]

...Will the court take this seriously? ...

I really doubt it.

And even if it is true, "emotional abuse" of the mother is not the point. Has the child been subjected to "abuse"?

...There has been a court date set so does this mean that they are taking her statements as evidence? ...

A court date is set upon any petition. No, that doesn't mean that anybody believes or doesn't believe any of the allegations. It simply means that this is when the court will hear, consider, and decide whether to believe the evidence given at that time.

[cdad]

What is the hearing for exactly? Is his ex trying to get a restraining order?

[lisamoon69]

She handed him the court papers that she had filled in. There was an application for a non-molestation order, a prohibited steps order saying she was worried that he would abduct their daughter and an application to discharge their current contact order. I'm not entirely sure what it is that she wants, she has stated that there is no abuse towards the child, only towards her. My partner never wants contact with her and only ever contacts her to arrange contact times/places. This all started due to her trying to change a date and my partner told her he'll be sticking to the contact order. Thanks for your answers! It all seems very pathetic, I just can't believe that someone can involve the courts with something like this and be taken seriously!

[cdad]

Where is this taking place? What state or country ?

[ScottGem]

First, ANY question on law needs to include your general locale as laws vary by area.

You would be surprised at what is taken seriously. But, as AK, said, she filed the papers so the court needs to follow through. Does she have an attorney? If she does, then your partner needs to get one. As loony as her motions may be, if your partner goes up against an attorney without his own legal representation he stands a good chance of losing.

But judges are pretty smart. They can see if someone is use a shotgun approach (filing a bunch of motions hoping one will stick). Plus the fact that a court already ruled and established a visitation order. So it would take a real danger to the child to change that.

[lisamoon69]

Sorry, not used to doing this! We're in the UK and she is representing herself. He currently has no legal representation either.

[ScottGem]

UK laws are pretty close to US laws in this area. Though I think they are less tolerant of people going pro se (without representation) then the US. This is because of the differences between solicitors and barristers. But, in this case, it would work against the mother as she is bringing the actions.