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Contested Non-Mol

 
(@dadlad)
Estimable Member Registered

Evening folks,

I am contesting a second non-molestation order. The first 1 was dismissed from court now the malicious ex has made a second application.

This is now going to a 2 day hearing which I don’t understand why. I feel so drained and consumed by all of this, on top of her using our child as a weapon.

The ex’s solicitors continue to keep undermining me by withholding documents from me, tampering with evidence and all sorts.

I addressed this at the previous hearing but the judge just doesn’t want to know. They always palm it off with “raise this with the solicitor or make an application” - I have tried this but the solicitors just completely ignore me. 

How am I supposed to have a fair hearing when they can get away with this illegal and underhanded behaviour?

I can’t afford legal representation but I have been appointed a free solicitor to cross-examine the applicant (apparently it’s the new law)

 

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Topic starter Posted : 24/01/2023 7:03 pm
(@dadlad)
Estimable Member Registered

Also, at the first hearing the judge refused for them to add additional documents and this was stated in the directions and in the order.

But was then told at the second hearing to apply for a c2 asking the courts to consider if they could add more documents.

One judge is saying one thing, another is saying another thing. 

ReplyQuote
Topic starter Posted : 24/01/2023 7:29 pm

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(@bill337)
Famed Member

Hi. Hopefully they dismiss non mol application again. Are there child arrangements hearings going on too?

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Posted : 24/01/2023 10:57 pm
DadLad reacted
(@champagne)
Reputable Member

If a non mol is contested, there has to be a hearing for the evidence to be examined.  The court must think that 2 days is necessary.  There are guides on the advicenow.org.uk website which may help such as representing yourself in the family court without a lawyer.  The court usually asks the applicant to prepare a Scott schedule with about 5/7 allegations and give evidence.  You then complete it with your side of the story.  The Judge will hear from both of you and then give judgement.  You will both be cross examined.  As you say, you will have a solicitor to ask questions for you as it is not considered right or proper for you to cross examine your ex.  Indeed there may be screens in court so you don't see each other so it would not be feasible.

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Posted : 26/01/2023 9:39 am

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(@dadlad)
Estimable Member Registered

@bill337 No just this atm.

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Topic starter Posted : 27/01/2023 5:35 pm
(@dadlad)
Estimable Member Registered

Posted by: @champagne

If a non mol is contested, there has to be a hearing for the evidence to be examined.  The court must think that 2 days is necessary.  There are guides on the advicenow.org.uk website which may help such as representing yourself in the family court without a lawyer.  The court usually asks the applicant to prepare a Scott schedule with about 5/7 allegations and give evidence.  You then complete it with your side of the story.  The Judge will hear from both of you and then give judgement.  You will both be cross examined.  As you say, you will have a solicitor to ask questions for you as it is not considered right or proper for you to cross examine your ex.  Indeed there may be screens in court so you don't see each other so it would not be feasible.

Her solicitor is trying everything to undermine me. Tampering with evidence and purposely missing out documents, surly this is a contempt of court?

There is what's called a ground rules hearing before, then a 2 day contested hearing. I haven't even seen a scott schedule so that I can have the chance to present my evidence and get this dismissed. When would I expect this?

I'm considering just not turning up, the contested hearing is in June and the non-mol expires in August. So what is the point of it all, to contest something that expires 2 months later anyway?

 

ReplyQuote
Topic starter Posted : 27/01/2023 5:44 pm

(@champagne)
Reputable Member

Did the court order a Scott schedule?  The hearing before is to make sure that all the evidence is submitted and the hearing can go ahead.  There should have been a time frame for evidence to be submitted when you appeared to contest the non mol.  The courts don't like wasting time and won't want a two day hearing to collapse on the day.  You can off course not contest it at the next hearing.  Do you have children and are you seeing them?

 

ReplyQuote
Posted : 27/01/2023 8:36 pm
(@dadlad)
Estimable Member Registered

Posted by: @champagne

Did the court order a Scott schedule?  The hearing before is to make sure that all the evidence is submitted and the hearing can go ahead.  There should have been a time frame for evidence to be submitted when you appeared to contest the non mol.  The courts don't like wasting time and won't want a two day hearing to collapse on the day.  You can off course not contest it at the next hearing.  Do you have children and are you seeing them?

 

 

No scott schedule has been ordered. Im not going into a hearing without my evidence.

Can I just turn up on the day and pull out documents/ screenshots/ audio files etc?

I have everything that will blow her allegations out the water.

 

ReplyQuote
Topic starter Posted : 27/01/2023 9:19 pm

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(@dadlad)
Estimable Member Registered

I was initially given the option to accept the non mol with no admissions or findings but I refused as I’m not accepting something which is completely made up. I then opted for the contested hearing as her first attempt was dismissed previously and I have every bit of evidence to destroy her allegations.

The solicitors keep undermining me, tampering with evidence, missing documents from the bundle and ignoring all correspondence.

All the courts say is pay for an application - they are just money making civil servants who profit from misery and suffering.

I am now having second thoughts due the length of time this is taking and the stress it is having on me is impacting on my health and wellbeing.

I just want it over and done with so that I can have my life back, this has consumed me for 3 years and she won’t stop. 5/6 months will pass of zero contact and she will maliciously apply for another.

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Topic starter Posted : 28/01/2023 11:24 am

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