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Non molestation question

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(@Bestdad111)
Trusted Member Registered

@yoda

 

Pheww. Thank god I dont. Im already representing myself cz i cant afford a solicitor. Imagine then having to pay my x solicitor. Would be a disaster. 

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Topic starter Posted : 12/04/2021 7:27 pm
(@djsmith)
Estimable Member Registered

@Bestdad111

Very similar

I was advised not but some do in my case it was not going to affect my work as I had done nothing wrong (name cleared) but because I did not contest DV lasted a year but would have cost me between 15/20 thousand (Just to have a piece of paper and the satisfaction saying no) so I thought best to fund a Solicitor and rap up the items for advice/house etc has to be wrapped up tightly for future Sale/children have not seen for over a year or more x making sure of that!

If Children involved it goes up a Level mainly a different hearing and they will ask a Fact-finding but that depends on how you fill and if the courts fill that the children are in Danger or not but x will make it difficult and will lie fabricate etc x had legal Aid so I was not going to win banking on time when children are grown up then they will find out the truth.
My x had alleged affair thought it was the best way out to get me out of the house yes courts in favor and will always towards x and minors so one-sided and would not bank on CafCass as they are one-sided as well through an interview twist wording etc.

Yes, it's tuff my advice keep your expenses to a minimum outlay have a budget stick with it but and esp, make sure that you get to accept an Undertaking Statement.

House paying the Mortgage etc you may have to meet mid-way depending on Circumstances.

I have gone through this and it's very stressful and could break you but, use your friends well light is at the end of the Tunnel.

This post was modified 3 years ago by Djsmith
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Posted : 12/04/2021 7:33 pm
(@Daddyup)
Prominent Member Registered

I imagine slapping won't be the only allegation. Often allegations are vague like there where it is difficult to provide evidence to defend.

 

Re evidence, you have to build a picture so that the courts do not believe it happened. Eg that you had a good relationship, or that it's not in your character or nature etc..eg what did the police say? If they dropped things then you could use this. 

 

Unfortunately it's not easy. If the allegations are found against you, then depending on your ex it can be difficult to see the kids.

Others on here are better at explaining how to draft responses and put together evidence. etc. Appreciate you can't afford a solicitor which makes things difficult as my advice is to get a little bit of legal advice for minimal cost, eg you could pay for a couple of hours with a solicitor (300 to 400) to advise you on this very question. However this may not be possible for you. 

 

Hope you manage to sort things, keep using this forum and asking questions for guidance. 

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Posted : 12/04/2021 9:39 pm
(@champagne)
Honorable Member

There is a guide on the Advicenow website about going to court when the other side has a lawyer and you don't - this may be helpful for you.  The Judge will ask what you have to say about her evidence.  You can refer to each part and refute it.  Make a note of what you want to say, keep calm throughout and don't interrupt the Judge or your ex however much you want to deny what she is saying.  You will have your turn.  The Judge may suggest undertakings during the process - you could even offer to accept them.

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Posted : 13/04/2021 9:56 am
 Yoda
(@yoda)
Famed Member

Often there is no hard evidence to say whether an incident happened or not which is why a fact finding hearing will take place. Based on the evidence available to the court, they have to decide the probability of whether the incidents happened or not. 

If you have any texts, emails, photos etc that refute her claims, you can use those as part of your evidence. If there are questions you can ask her (the judge will ask them for you) to try and get answers from her in your favour, this can also form part of your evidence. 

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Posted : 14/04/2021 2:34 pm
(@positivety05)
Estimable Member Registered

I have a non mol fact finding hearing in June with but I’m due Scott schedule in 2weeks.just worst case scenario what if the fact findings go against will it stop contact with the kids.I’m refuting all allegations but there is a couple that I answer to in that it is a twisted version.my only interest same as everyone is to see the kids so just want to know how much of impact it has in the child arrangements.and would it just mean longer in contact centres building up with the children regards kris 

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Posted : 15/04/2021 1:10 pm
(@bill337)
Illustrious Member

hi, if fact finding goes against you, it can cause problems with child contact. Here is some info about it: 

 

https://childlawadvice.org.uk/information-pages/hearings-in-the-family-court/#Fact-Finding-Hearing

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Posted : 15/04/2021 3:39 pm
(@djsmith)
Estimable Member Registered

@Renren07

Let's start by saying that the DV well could, in my case x poisoned the children hatched a plan so I could see that I was a loser from the start x is very good at twisting the truth and Drama well she took classes. Caffcass interview went well untiled I turned up in court first time of seeing a statement so much one-sided and untrue, too late kept quiet and served a year let x have the run of and sooner or later the truth will come about (Always does) Keep all paperwork WhatsApp, etc you will need it! 
X will pester the life out of you if she keeps the children as no contact want this wants that Just stick with you principles I have and knowing that one day I will be in a better place.

Sorry for the ramble Yes it will if found and depends on her solicitor as well they are out to make money you said x is on Legal Aid that a step back for starters.

Best of Luck but loads of information on the web regarding the topic some have fought the legal system and have won some have not and costing thousands.

 

This post was modified 3 years ago by Djsmith
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Posted : 15/04/2021 6:16 pm
 Yoda
(@yoda)
Famed Member

It's impossible for us to comment on individual circumstances as we don't know the details of your case and no two outcomes are ever the same. 

The judges are usually very balanced and will act in the best interests of the child. All you can do is be honest and clear and make sure you put forward your evidence in the best way. 

 

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Posted : 15/04/2021 6:16 pm
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