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Accidentally breach of undertaking

 
(@nickpuna)
Trusted Member Registered

I need some advice please, as its causing me massive anxiety. Basically I took an undertaking of six months for a non-molestation order. So I have applied for a Financial Remedy order. The courts asked me and my ex to exchange E Forms, so I emailed her asking about when to exchange. Someone told me I should not have contacted her and that I have breached the Nonmol order. I am so scared now as I didn't mean to, any advice please would be appreciated. I can't win in anything.

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Topic starter Posted : 16/09/2023 1:05 pm
(@champagne)
Honorable Member

Undertakings and a non molestation order are different.  With undertakings you make a promise to the court not to do specific things.  A breach of that is not an offence.  If you breach a non molestation that is a criminal offence although the police will take a view as to whether they prosecute or not.  There is a risk that if you breach undertakings then your ex will use that to apply for a non molestation order.  However, a non molestation order is a civil order so you don't need to declare it at work.  Were you given a date by which to exchange forms?  I din't think they need to be done at the exact same time

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Posted : 17/09/2023 10:52 am
(@nickpuna)
Trusted Member Registered

@champagne thank you for that, actually we were told to exchange the E forms and then send copies to the courts by 9th October. I will wait another 7 days, if I don't hear anything I will send my two copies to the court and tell them that I cannot contact ex due to  Undertaking, and if they could send the extra copy to ex wife.

I know 100% she will not co operate as she is hiding extra income on her bank statements, she was renting out the rooms plus she has an illegal immigrant partner who works for cash in hand, so she get £950 for universal credit and the mortgage is £907. How is she managing? As gas + electricity is £100, Water £80 and food would be at least £400

And other miscellaneous costs. Unbelievable and overall disgusting behaviour 

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Topic starter Posted : 17/09/2023 11:39 am
(@champagne)
Honorable Member

Sounds like a good plan

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Posted : 17/09/2023 11:48 am
(@nickpuna)
Trusted Member Registered

@champagne I think she will definitely get me done, as I sent a recorded delivery and the email requesting of exchanging E Forms. She has funding for Legal Aid, I really messed up. Most definitely the courts will throw the book at me on this.

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Topic starter Posted : 17/09/2023 9:44 pm
(@champagne)
Honorable Member

You will have to say that you misunderstood the courts instructions and thought they wanted you to do this.  Be extremely apologetic and assure the court/her solicitor that you have no intention of contacting her again.

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Posted : 18/09/2023 9:47 am
(@nickpuna)
Trusted Member Registered

@champagne should I write to the courts apologise or should I just wait until they either apply to the courts or complain. Should be proactive

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Topic starter Posted : 18/09/2023 10:06 am
(@champagne)
Honorable Member

I guess it won't hurt to write to the court, telling them what you did and that you didn't realise it was against the undertaking but thought it was a court requirement.  If they apply for a non mol because of this then you can explain again and hope they will accept undertakings.

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Posted : 19/09/2023 9:15 am
(@curlycircle)
New Member Registered

Try using Our Family Wizard app as a method of communication.  Might need court approval but might protect you both as the court can access it and all communication is logged and not removeable.

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Posted : 12/07/2024 1:10 am
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