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Bring non-mol back to court????

 
(@dadsunited)
Trusted Member Registered

Hi,

 

I had my non-molestation hearing today. It was dealt with her barrister who agreed a cross undertaking and that my wife wanted to seek reconciliation with me.

I was honestly preparing to divorce her today but recognised she tried (but she still took me to court)

After the hearing, my wifes barrister tried forcing me for an anger management course. I said, I’ll do it if we both do it. The wife rejected.

 

next min… he said ok. But let you know she can bring the non-molestation order back to court.

can she really bring it back to court???? The judge agreed understaking. Or was it a empty threat?

 

regards

Quote
Topic starter Posted : 08/03/2022 12:41 am
(@fer17)
Estimable Member Registered

So after the hearing an undertaking was agreed by both of you? If that is the case, then that is it dealt with. I only imagine it will go back  to court if the undertaking is breached? 

As far as I am aware, her barrister cannot tell you to attend anger management, they can request it to the court ad the judge enforce it? Not 100% sure, but I think that is the case

ReplyQuote
Posted : 08/03/2022 1:53 pm

how contact centres work

(@dadsunited)
Trusted Member Registered

@fer17 

 

Thank you for your reply.

Exactly, I feel the barrister was giving empty threats, as it would then undermine the courts decision to give us a cross-undertaking and then ask us to come back? Makes no sense.

The matter is resolved. It’s because my Ex has realised her false allegations have gotten serious and she wants to back track and ask for reconciliation (can’t the judges see this? If I am the big baddie, why does she want to reconcile)

Anyways the barrister tried to reconile us. I asked for her to attend a mental health class, she rejected. I stated that I would attend too, she still rejected.

She then asked for me to attend anger management (no logic) I said she has the anger issues, but I am happy for us to BOTH attend. And then she rejected again. 

Also the courts were really bad as they did not consider my child arrangements order (which was supposed to be consolidated, within the non-mol final hearing)

 

when a mother falsely claims abuse, the courts rush around to accommodate. Only for her to take it back and get cross undertakings.

when a father asks “what about my daughter, when can I see her?” Oh we are not dealing with that. (Although it was listed!!!)  the law needs to change.

anyways I raised a complaint to the courts and I have got my hearing this afternoon. I have not seen my baby daughter since November. I bet she will use my daughter to blackmail me to do the course. Can’t the courts see this???

I will not do any courses. I will offer MIAM and if she rejects any contact. I’ll let it go to a fact find as I am actually innocent and I will be able to expose her. She has a undertaking, I have evidence of violence from her… the fact find will go against her logically (but again judge will most likely ignore this)

anyways wish me luck!

ReplyQuote
Topic starter Posted : 08/03/2022 2:39 pm
(@champagne)
Honorable Member

Yes, I wish you good luck.  The non mol application can be brought back to court if the undertakings are breached.I hope you get to see your daughter although the court might want it to be in a contact centre if there are allegations of abuse.  The court will probably ask CAFCASS to do a report.  Try to keep focussed on the needs of yuor daughter and don't mud sling.  The court will take notice of the CAFCASS report.  Anyway, hope it went ok

ReplyQuote
Posted : 08/03/2022 10:27 pm

(@dadsunited)
Trusted Member Registered

@champagne 

guess what guys…. A disgusting outcome.

 

I approached the FHDRA hearing asking for contact for my child, even video call. And possibly for a MIAM session for both of us to attend and consider issues. 

my wife’s solicitor has said “she is rejecting all contact” as I had refused to do anger management course on my own. What a joke! I said to the judge that I am happy for us both to do the course. She is using it as leverage basically. 

now I have a fact find in June. (My baby would be 12 months by then, and I last saw her in November aged 4.5 months)

 

is anyone willing to help?

She has made numerous false allegations. The fact find will go either way. Because I have one or two proof of physical abuse that my wife did. We both have cross undertakings

any advice? What do I do?

 

my wife is refusing and I may apply divorce next month. If I do… what happens to the fact find?

ReplyQuote
Topic starter Posted : 08/03/2022 11:42 pm
(@fer17)
Estimable Member Registered

At this point, it looks like her mind is made up. Maybe contact her solicitor asking for arrangements at a contact centre for now, even say she or a family member can be present too. 

It might also be worth going to an anger management course for now, it might help when you go back. If she is adamant you have to go to one in order to gain access, then you can get that out the way and say that you have already done this. I had to attend a parenting course, i didnt want to or need to, but my ex had to as well, I did it because it was suggested and the courts will appreciate that you did. Sometimes you have to swallow your pride and do things you do not want to, at the end of the day, you and you kid will benefit from it. 

ReplyQuote
Posted : 10/03/2022 4:32 pm

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