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asked to do a counter statement for Non Mol how do i return it

 
obsession1
(@obsession1)
Eminent Member Registered

i was asked to complete a Non Mol statement in response to the accusations my ex partner made. I had to have it in by the 7th to the court and a new date of the 20th in court. They never said how to do this and i haven't had any letters off them. What do i do write a statement and hand it in to reception at the court by the 7th? thank you

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Topic starter Posted : 28/07/2021 4:20 pm
Djsmith
(@djsmith)
Trusted Member Registered

Your X Solicitor would have handed served you some form of Documentation served against you? 

This post was modified 2 months ago by Djsmith
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Posted : 28/07/2021 4:50 pm

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obsession1
(@obsession1)
Eminent Member Registered
Posted by: @djsmith

Your X Solicitor would have handed served you some form of Documentation served against you? 

Hi there were no solicitors from either party. I got a form telling me i had to attend the court on the date with all accusations listed. I attneded the hearing he said it was a postponed for me to write my counter statement by the above date. So i simply need to hand it in at reception i presume. No other paperwork has arrived since. 

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Topic starter Posted : 28/07/2021 5:07 pm
citydad
(@citydad)
Reputable Member Registered

Hi you need to just email

it to the court and your ex / any other people party to proceedings . Title the email with your case number and date / time of hearing . If the hearing is being done in person rather than remotely it doesn’t hurt to take paper copies on the day just incase .

the statement just needs to respond to the allegations of your ex 1 by 1 , why you deny them and you can attach any evidence you have to back your response up like emails , texts etc etc . Don’t worry too much about the format as the courts will be sympathetic to the fact you’re not represented . It just needs to include your case number and the parties involved . You should also end it with the statement of truth and sign and date it .. 

you can and should raise any counter allegations too at this point that you can back up to paint the picture of who you’re dealing with . 
I’ve had a non mol previously so went through all this . 
IF you are actually guilty and will be found that way you might want to thinkng about accepting the order on a non admission non findings basis which I did as it didn’t matter to me whether I spoke to my ex or not and I wasn’t aboht to go near her house etc . But make sure wihr your employer they wouldn’t take issue to thst . But if you’ll be found guilty and have one slapped on you anyway I guess that won’t matter . I just accepted it for ease of use .

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Posted : 28/07/2021 5:27 pm

citydad
(@citydad)
Reputable Member Registered

Maybe you can ask for an undertaking that you won’t do whatever the application alleges. This is more a promise to the court and it still holds weight wihr them but technically not as bad a mark on your name as an order 

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Posted : 28/07/2021 5:30 pm
Djsmith
(@djsmith)
Trusted Member Registered

@citydadAs well May l say that 99.9% they will take face value of your X account and dismiss what you have put that’s the Family courts are doing at present (Not Fair at all) I submitted mine and they did not even read it.

so at the end of the day you need a lot of luck and keep your head.

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Posted : 28/07/2021 5:33 pm

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Djsmith
(@djsmith)
Trusted Member Registered

@citydad With that you can get both an undertaking that also x can sign up to as well but as I have found that x can break the undertaking and get away with it unless you have money to take x back to court

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Posted : 28/07/2021 5:36 pm
citydad
(@citydad)
Reputable Member Registered

It’s like anthing . If you’re going to be found guilty of some bad behaviour and you accept and undertaking it’s to your benefit . And unless you’re going to apply to have an order against your ex again having an undertaking against you won’t make any odds to her . 

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Posted : 28/07/2021 5:47 pm

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Champagne
(@champagne)
Estimable Member

You can write your counter claim by going through her statement by paragraph and stating whether you agree or not.  Keep it factual and to the point.  For instance she may say you hit her - you say what happened on that occasion or she may say you swore at her - you say what you really said.  If you  have sent numerous texts it might be about child contact and you can explain that.  If there were witnesses you can add that.  If she has done anything you object to then include that.  You need to put the case reference and both your names at the top.  Look at how her statement is set out and copy that.  

This is a civil matter, not a criminal one so shouldn't need to be declared to your employer.  If you want to cut down on the proceedings you can offer to accept undertakings.  This is a promise to the court and if you breach it, then you won't be arrested.  However, she could reapply and ask for a non mol next time.  If you accept a non mol, it will usually be  made on no findings of fact.  That means the court neither believes or disbelieves what she has said.  If there are allegations against her, then you can ask for joint undertakings so you both have to comply with the conditions of the order.

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Posted : 28/07/2021 6:01 pm
bcbcbbcc
(@bcbcbbcc)
Active Member Registered

Can you also apply for a non-mol against your X after she applied for one against you? I am thinking of applying for one against her. I am not interested in taking any undertakings, nor does she. If there is a way to put her into prison, I'd not think twice now. Has anybody here had any experience of successfully sending an ex-wife into jail? I am sick of the lies and the abuse against me, and the other party just cheats on the system (legal aid, home office, NHS) without any penalty, and the broken family court here is so biased against men. Where is justice, what a shame! Don't buy into the domestic abuse/violence discourse, those organisations want more victims, it's an industry. Men should unite and fight back. Has anybody had any experience in organising demonstrations against state-funded terrorism and cruelty against fathers in the UK?

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Posted : 29/07/2021 11:33 pm

Djsmith
(@djsmith)
Trusted Member Registered

@bcbcbbcc I tried to serve but because x got there first and was on legal Aid with all made up stories because as she stated has her Family boy girl house and thought she could have it all was told no could no the Judge (Woman) did not even look at my paper work at all the system is so one sided and all that it’s effecting at the end of the day is the poor children!

some woman should come with a health warning ⛔️ 

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Posted : 30/07/2021 8:00 am

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