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After working a gruelling 92 hours in the last 7 day I have court to look forward to on tuesday re: non-molestation order and the occupation order. The court has given it an hours hearing.
Can I check -
1) This is the first hearing in court about this particular order. Is it similar to the kids where allegations are made and then they decide or am I just gonna get read the riot act and be picked on?
I am keen to revoke it - are they likely to make me do an undertaking not to return the house. I have no intention to do so but equally I need to highlight her lies otherwise it will be on record I took this undertaking.
2) If I decline the undertaking would the court ignore me or do a fact finding?
3) How much paperwork do I need - I decided to save the essay reply for a 1.5 page document. When would I serve the addtional documents?
BW
Hi Boycie
This is the first hearing, and I strongly suspect that an interim order will be made, if not a final order, has she filed a statement?
Yes allegations will be made and you will have the opportunity to reply. If the Court look as though they are going to make a final order, I would suggest that you ask to be allowed to file a statement in reply.
Usually non mols are 1 or 2 hearings max. They will not do a fact finding.
I strongly suspect that the Court will deal with it by way of undertakings any way, whether or not you agree to it.
Take the documents you have been served with you you, and I would take copies of the statement you have prepared, so that if the Court agrees to you filing statement, you can file it there and then (3 copies)
Thank you both - She filed a statement packed full of all the usual allegations. I have given a short reply already - 1.5 pages. I do have a substantive reply, should I issue this on the day. I suspect the judge will want this done and dusted.
Can I request that all the allegation are dealt with substantively as I would like to refute all her allegations as she will continue to use these in court of children (and ancillary) proceedings?
BW
Ok if you have filed a statement already that is all you need to file, as long as you dealt with all the allegations in her statement with proof or evidence, that should be all you need.
You can of course dispute it, but the Judge will want to deal with it, done and dusted at the next hearing. But you can of course speak to the Judge and see what he says.
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