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Breach of Undertaki...
 
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[Solved] Breach of Undertaking

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Posts: 189
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(@justdad)
Estimable Member
Joined: 10 years ago

With a non-mol breach, the police will make the arrest and get the offender in front of a magistrate next day usually.

The undertaking doesnt carry the power of arrest and requires a return to court etc.

You can apply for a non-mol at any stage - it is a separate application with no fee. I have to admit I hate the things but they do have their uses.

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Posts: 123
 Ldad
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(@ldad)
Estimable Member
Joined: 7 years ago

Yeah i mean they are terrible when its done out of spite with false allegations which is what his ex did to my partner twice. However both times he agreed to an undertaking on the basis she too signed an undertaking.

Going back to court for a breach of an undertaking costs £155 but a non-mol is free? i dont know how this is possible?!

We just want something in place to stop this behaviour and last time something like this happened (i didnt record the incident) and she accused him of physical assault, so this time i think we just want something in place before she twists it and changes the story - although this time i dont think she will do anything as she knows i have a recording.

Just dont know what action to take?!

If my partner bought it up during the child arrangement hearing will this be something they will look to address or will they just send him away to apply for the correct application?

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Posts: 189
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(@justdad)
Estimable Member
Joined: 10 years ago

Maybe that's the best route - immediate application for the non-mol

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