Non molestation question

No you won't have to pay. 

Let me rephrase the last bit.

Would I need to pay to the other party solicitor?  Some one was telling me..

One random solicitor advised me below few months back. - 

"If you challenge the Order and fail ( that is the court decides that the order was correctly made ) you may be liable for your wife’s solicitors costs"

@Daddyup

Hiya. Please see my rephrased question ?

Posted by: @Bestdad111

Hi guys. Quick one.

I will soon be having a nmo fact finding hearing which my ex has filled against me. She is getting legal aid so she has a free solicitor. And Im representing myself.

Just wanted to know if the judge decided to continue the nmo and I lost the fact finding hearing, Would I need to pay to the other party solicitor?  Some one was telling me..

Posted by: @Bestdad111

Hi guys. Quick one.

I will soon be having a nmo fact finding hearing which my ex has filled against me. She is getting legal aid so she has a free solicitor. And Im representing myself.

Just wanted to know if the judge decided to continue the nmo and I lost the fact finding hearing, Would I need to pay to the other party solicitor?  Some one was telling me..

Not 100% but will be up to the courts I had one Served advised not to fight would have cost thousands yes x had legal aid so unfair Yes a year has past but did not go fact finding reason pressure on children and they had been got at by there Mum for me a waiting  game Just make sure you have all information with you because your x / Solicitor is out to prove and will throw everything at you knowing that you will be self representing, her solicitor is out to use the Legal Aid as a tool.

Best of Luck as it’s very difficult as the courts will usually reside with X and children if involved and treat us as the outlaw! 

Is it worth fighting the non mol?  Could you offer to make undertakings to avoid the hearing and save yourself the stress or is it too late for that?  This could be based on the assumption of no finding of fact i.e. the court does not accept what she has said is true.   Does the non mol prevent you from seeing your children which presumably is the main focus?

Hi

"If you challenge the Order and fail ( that is the court decides that the order was correctly made ) you may be liable for your wife’s solicitors costs"

Your rephrased question is not relevant to fighting the initial non mol application from your ex partner. When they apply for one, they put forward a statement and if you then disagree, you are entitled to challenge and a further hearing is held to review the facts, allegations, evidence etc.. Based on this the court will grant or reject the order. If you fail at this stage you do not need to pay for the other parties legal costs.

However, if after this you wish to 'appeal' further, then not only are there specific grounds you need to identify to do so but if you then lose then yes you may need to cover legal costs as ultimately you have failed in your grounds to appeal. However, you would only appeal based on a certainty that the original order was incorrectly made and not because you just disagree with it. It's rare that costs would be awarded and even then its based on means and each case is reviewed on its own merits.

As others have said, you need to look at whether you even want to accept or challenge the non mol initially, if it is likely to be granted based on the allegations and a lack of evidence on your part or an acceptance on your part then potentially you could consider undertaking, all of this needs to be considered alongside whether any non mol will prevent access to kids etc.

Hope this helps. 

Costs are very rarely awarded in these types of proceedings. I have never seen costs awarded in a fact finding hearing. That's not to say it's impossible but very unlikely. 

@champagne

Im not sure if its worth fighting for honestly but I dont want this non mol in place otherwise it will become difficult for me to see my 2year old boy. And pick my 6 year old boy. No, non mol is not stopping me from seeing she doesnt want to see my kids at all. I have already applied for c100. I tried to take undertaking and my x didnt wanted to accept it. So its gone to next hearing and they moved my case to the same court where the child arrangement is taking place. 

I know its a stress for fact finding hearing but I dont really want her to win. There are false allegations but she gave statements to police and social service. 

@Daddyup

Thanks no this is not appealing a non mol again its fact finding so thank god I wont have to pay if I loose then. I will face the hearing lets see how it goes.

If Im contesting my my wifes allegation what sort of evidence I can provide from my part? She is saying i slapped her so how can i prove I havent. What sort of evidences I can provide as defending? 

No she doesnt wanna accept undertaking. They declined and want the non mol to continue.