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How recent does evidence need to be??

 
MikeBurry
(@mikeburry)
Active Member Registered

Hi guys,

Just wondering how recent evidence needs to be when presented to the family court?

I have a non mol hearing coming up, i have evidence of when my ex turned up and attacked me 3 years ago. Just wondering if they will accept this or if this event is too old.

Thanks.

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Topic starter Posted : 12/07/2021 9:11 pm
Champagne
(@champagne)
Estimable Member

Generally the most recent evidence has to be up to two weeks old.  The statement with the non mol will include the history of abuse and this can go back as long as it takes.  Generally statements include the first, worse and last with a few others in between but not everything.

Is the non mol against you?  You can accept it on the basis of 'no finding of fact' so the order will be made.  That means the evidence in the statement is neither believed not disbelieved by the court.  Or you could offer to accept undertakings, again on the basis of 'no finding of fact'.  This is a promise to the court and any breaches are not arrestable.  You could also dispute the evidence given and ask for a fact finding hearing.  However, the non mol is likely to be be made in the interim.

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Posted : 13/07/2021 5:23 pm

top tips to support your child after breakup

MikeBurry
(@mikeburry)
Active Member Registered

@champagne

Thanks perfect answer. Im all good then. It isnt against me it is against my ex. Offered undertakings but court said it is to go to a contested hearing.

This post was modified 2 months ago by MikeBurry
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Topic starter Posted : 14/07/2021 3:14 pm

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