Hi Fellow Dads,
I have been given a NMO, it was rejected by the court when they tried submitting an urgent NMO.
My court date was for today 5th June 2020 at 10am. The court had messed up the timing and was not on the judges schedule.
the court has now asked me by email to attend on Monday 8th June 2020 at 12PM. I had already told them that I can only make 1:30pm onwards as I have a PCN court case I need to attend.
Regardless of the timing, should I be accepting the new date arrangement by email or should it be served properly to me by post or through the proper process.
The thing is the Child arrangement I also have in place is on the 15th, so dont understand why they cant delay it till then and do it all together.
OH AND BY THE WAY THIS IS ALL BASED ON FALSE ALLEGATIONS.
Email comms work - you receiving the email is seen as an acknowledgement that the hearing date has been served to you.
As for the conflict - send them evidence.
do alert them of the child case proceedings as well - they may well be put together.
Thanks
The Judge found no evidence of it and didn't make an order.
Hi,
I have a non-mol hearing in August (all paper so I won't be present.) Just wondering what happened- did they just call you after to notify you of the outcome?
I don't actually have a time for the hearing. Just a date so far. I sent my response a week after I received the Order (last week) so I'm just waiting around now.
Thanks in advance
Hi,
I have a non-mol hearing in August (all paper so I won't be present.) Just wondering what happened- did they just call you after to notify you of the outcome?
I don't actually have a time for the hearing. Just a date so far. I sent my response a week after I received the Order (last week) so I'm just waiting around now.
Thanks in advance
Hey, if it's the first one then they would simply like to know if your contesting it or in my case the judge refused it based on lack of evidence and ask them if they still would like to go ahead with it.
The judge asked them to bring up the 5 allegations I should respond to, I should then respond to them before the hearing
And provide 1 witness statement. if I had any questions to send it directly to the judge not to her solicitor.
At this moment it's for her to prove the allegations, but I have a good feeling it was a tactical approach to get me to take an Undertaking which would of affected my child arrangement order, as they were pressuring the judge to link it to my other case.
Don't take an undertaken if you know for sure she is lying and you have the evidence to back it up.
Hi, thanks for the reply.
Yes, it would be the first hearing and I've already sent my response in. No evidence on her side- just a witness statement with no dates and even spelling mistakes (done by solicitors as I guess she has legal aid). The witness statement says things like 'I remember one night...' and considering our relationship was 10 years long... I guess if there was anything else she was going to use (no idea what she could use!) then it would be disclosed to me before the hearing?
This will all be a paper hearing so neither of us will attend. I think my response is fairly could and contradicts a lot of her allegations (I have included screenshots which greatly contradict a lot of her allegations) so I'm hoping it will be thrown out...
Was just wondering what happened with paper hearings- so the court called you on the day to update you?
Ultimate goal is to see my children again (waiting on hearing date for my applications) but dealing with this first.
Will research what an undertaking is now!
brief info on undertakings:
Undertakings
An undertaking is a solemn promise to do something or not to do something made to the court. In cases where one party applies for a non-molestation order, the respondent sometimes offers to give an undertaking as a promise not to do certain things without having to agree that they have in the past been harassing the applicant. The court can accept this undertaking unless the respondent has used or threatened violence and the court thinks it has to make an order to protect the applicant. A breach of an undertaking can be punished as contempt of court with a fine or imprisonment, but the respondent cannot be arrested immediately for such a breach.
Hi, thanks for the reply.
Yes, it would be the first hearing and I've already sent my response in. No evidence on her side- just a witness statement with no dates and even spelling mistakes (done by solicitors as I guess she has legal aid). The witness statement says things like 'I remember one night...' and considering our relationship was 10 years long... I guess if there was anything else she was going to use (no idea what she could use!) then it would be disclosed to me before the hearing?This will all be a paper hearing so neither of us will attend. I think my response is fairly could and contradicts a lot of her allegations (I have included screenshots which greatly contradict a lot of her allegations) so I'm hoping it will be thrown out...
Was just wondering what happened with paper hearings- so the court called you on the day to update you?
Ultimate goal is to see my children again (waiting on hearing date for my applications) but dealing with this first.
Will research what an undertaking is now!
From what my Solicitor advised just respond to her allegations only, she had 20 points like you mentioned about her history where 16 of those where false, I corrected them, Solicitor had a look and said nah just respond to these 2 allegations. so My 20 page doc turned into a 1 page doc. Solicitor also advised dont share too much evidence at this time as it might be better for them to use that and come at you at another angle if they realized([censored] didnt know he had kept evidence of me) I think i might of made that mistake as I was planning to use the evidence for the CAO but she's now realised I have the evidence and will most probably try something else.
Thanks.
Have just realised my situation might be a little different as I got the Order without notice so it is already in place. The hearing is to give me a chance to contest it.
If you definetly got got evidence of this then yes contest it, but remember no evidence will be looked at at that time. that will be for the next stage.
brief info on undertakings:
Undertakings
An undertaking is a solemn promise to do something or not to do something made to the court. In cases where one party applies for a non-molestation order, the respondent sometimes offers to give an undertaking as a promise not to do certain things without having to agree that they have in the past been harassing the applicant. The court can accept this undertaking unless the respondent has used or threatened violence and the court thinks it has to make an order to protect the applicant. A breach of an undertaking can be punished as contempt of court with a fine or imprisonment, but the respondent cannot be arrested immediately for such a breach.
It just baffles me why her solicitor insisted on me taking an undertaking before the hearing. And then insisting the case be linked to the CAO which again the judge refused.
There has to be some connection why they want this. hopefully someone can shed some light.
hi,
do you know if your ex is getting legal aid? if not, theres another thread here, where a dad said he accepted an undertaking. because of that his ex got legal aid. so maybe it could be for that reason. or another reason could be, by linking the non-mol to CAO, they want to cause more difficulty for you. some dads had to wait until non-mol expired. meaning they could not see kids for length of non-mol, like 6 months etc.