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Please someone help me first hearing

 
(@scape)
Active Member Registered

I would so highly appreciate if someone could help me, in family court at my first hearing I was offered to take an undertaking for a non molestation order, at the time I had no idea what this was and it was not explained to me, now I have a fact finding coming up in a months time is there any possible way before then I can ask to accept an undertaking? Thank you! 

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Topic starter Posted : 11/06/2021 5:00 am
(@Daddyup)
Prominent Member Registered

Hi

Did you dispute the non molestation order? If so do you believe you have a strong case potentially with evidence? Do you have kids (if so how old?) ? We're you married to your ex? 

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Posted : 11/06/2021 8:32 am

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(@fer17)
Estimable Member Registered

If you want to change your mind and accept an undertaking, I would suggest emailing their solicitor and requesting if this is still an option. Although if you feel the accusations of the non mol are untrue and you can prove this is the case, then you will have that opportunity to put your side across. I am not sure how the courts will take it if you arrive on the day and suggest accepting an undertaking as it might be seen as wasting the courts time. 

It is disappointing to hear they did not explain to you what an undertaking was, thet really should have made this clearer to you.

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Posted : 11/06/2021 11:51 am
(@scape)
Active Member Registered

@Daddyup thanks for your reply, I would rather take the undertaking due to time and money issues I have 2 kids both under 3 years of age do you think there's anyway of me taking the undertaking? there's been no final date set for the fact finding but I do have a pre trial hearing for it in 4 weeks time 

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Topic starter Posted : 11/06/2021 2:03 pm

(@scape)
Active Member Registered

@fer17 thanks for replying, I agree it should of been made clearer to me, do you suggest I contact my ex wife's solicitor or ask my Solicitors? I still have 4 weeks till a pre trial hearing for my fact finding and there's been no final date set for the fact finding yet 

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Topic starter Posted : 11/06/2021 2:07 pm
(@fer17)
Estimable Member Registered

I would speak to your and see if it is still an option. But it is your choice really, I am not making assumptions, but if whatever your ex has said in her non mol statement is true, then an undertaking would be your best option. There will be no facts or finding made against you, you just simply say you do not agree to the accusations but you are happy to not contact your ex in anyway for 6 months. But if it is all lies and you can get the chance to prove this, then take it on. 

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Posted : 11/06/2021 3:11 pm

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