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Non molestation que...
 
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Non molestation question

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Posts: 41
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Topic starter
(@Bestdad111)
Trusted Member
Joined: 4 years ago

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..

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(@djsmith)
Joined: 5 years ago

Estimable Member
Posts: 120
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..

 

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(@djsmith)
Joined: 5 years ago

Estimable Member
Posts: 120
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..

 

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(@Daddyup)
Prominent Member
Joined: 5 years ago

No you won't have to pay. 

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(@Bestdad111)
Joined: 4 years ago

Trusted Member
Posts: 41

@Daddyup

Hiya. Please see my rephrased question ?

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Posts: 41
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Topic starter
(@Bestdad111)
Trusted Member
Joined: 4 years ago

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"

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Posts: 120
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(@djsmith)
Estimable Member
Joined: 5 years ago

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! 

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Posts: 644
(@dadmod3)
Honorable Member
Joined: 4 years ago

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?

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(@Bestdad111)
Joined: 4 years ago

Trusted Member
Posts: 41

@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. 

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