[Solved] Changing allegations

All you can do is highlight this discrepancy for all the reasons you mention, it's fine to pose the question, why didn't she do anything about the allegation at the time. You can do this in a statement, if you haven't been asked to do one, you can prepare a very brief position statement to take with you, or make verbal representation about it at the hearing.

As always a big thank you to you Mojo

If you're attending a hearing to contest a non-mol, you need to answer all the points that have been raised in her statements (I would advise doing this in parallel so that your numbered responses match hers)

Sorry to contradict Mojo, but, in these circumstances, a court would usually welcome evidence from you so they can save court time by not having to order a statement of evidence and list an additional hearing to look at it. There shouldn't be anything in the non-mol that prevents you submitting evidence at this stage.

Depending on the judge and the evidence that you can provide, this will enable them to decide if a fact finding hearing will be required or whether there is enough evidence to deal with the matter there and then - obviously that would also be subject to the parties positions on that.

Best of luck.

I thought this was the contact hearing, they've just tagged the NMO onto it as the hearing about that wasn't attended due to court mistake. My reply was to do with the contact and not the NMO... Sorry

Bustas journey has been confusing!

Great minds Mojo 🙂

I'm still (7 months down the line) receiving new allegations or a new twist on things all the time. This is even after evidence was submitted and we were both told that no new evidence could be!
I'm not an expert but these new allegations aren't being rejected by the court so I'd say yes she can change them. I think the courts are so busy that they're just past caring and deal with whatever is presented to them on the day.

With regard to the above post. There is nothing to stop either party alleging what they want to unless the court have specifically directed otherwise (although the fact she's not being consistent is something you can point out and could go in your favour).
Permission to submit evidence is not the same thing.

This is my concern "new allegations" I was gob smacked when the judge set a hearing date after my ex completely back tracked on the allegations set out to get the ex parte NMO in the first place. I mean when i had my very short say regarding what my ex was putting forward she completely agreed with me. Even when the judge questioned her on another allegation and because she said police are a witness the judge This i want to see as i know 100% is not correct

The judge mentioned had she any evidence regard a few other allegations to her reply " well no not really" so the judge asked her for a full detailed report on a couple more and witness statements to back them up. One of the allegations was over 6 mths ago and quite serious and police again are taking NFA , the fact is wasnt even reported at the time and only now is very questionable. beside i have dash cam evidence on the allegation..

Out of the 11 allegations there is only one that I can honestly say is true and that's name calling and again not to her directly . All the rest she has admitted isnt true or are a complete fabrication of the truth again admitted or I can provide solid evidence.. Iv also been arrested twice and rearrested and questioned for over 3 hours with the police and each time released with NFA being taken by the CPS.

Not a post i wanted to read TBH that more allegations can be added because im getting sick and tried of explaining , starting to feel harassed myself.

I am told how ever that if the judge just wanted more info on some of the allegations and thats a good sign and that the judge is sort of giving her the chance to prove them first so reserving judgement..

The judge is covering himself - it sounds as though he doesn't believe it, but if there is any evidence, then he'd be remiss to just dismiss it.

Yes that's what I'm believing it is. I'm really looking forward to seeing this statement off the police she so calls can provide as to me that is what the judge wants to see too.

But it still leaves when it comes out the police has miss-informed her that she may just come up with other fabricated allegations just to drag it out. Then theres the social services and health reports ect the judge felt wasnt required at the moment.

To me if the Judge cant see just whats going on during the next hearing then all I can do is clear my name in the end. She just wants an order and as it stands will have one untill the matter is sorted. No lose situation for her really.