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Contested Non-Mol

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Posts: 93
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Topic starter
(@dadlad)
Estimable Member
Joined: 4 years ago

I was initially given the option to accept the non mol with no admissions or findings but I refused as I’m not accepting something which is completely made up. I then opted for the contested hearing as her first attempt was dismissed previously and I have every bit of evidence to destroy her allegations.

The solicitors keep undermining me, tampering with evidence, missing documents from the bundle and ignoring all correspondence.

All the courts say is pay for an application - they are just money making civil servants who profit from misery and suffering.

I am now having second thoughts due the length of time this is taking and the stress it is having on me is impacting on my health and wellbeing.

I just want it over and done with so that I can have my life back, this has consumed me for 3 years and she won’t stop. 5/6 months will pass of zero contact and she will maliciously apply for another.

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Posts: 93
Registered
Topic starter
(@dadlad)
Estimable Member
Joined: 4 years ago

As I initially refused to accept the order, it is now going to a contested hearing that’s dated months away. This has been dragging on for too long.

Can I change my mind and accept the order with no admissions or findings?

if so, what is the procedure to do this?

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4 Replies
(@dadmod2)
Joined: 6 years ago

Illustrious Member
Posts: 5339
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(@dadlad)
Joined: 4 years ago

Estimable Member
Posts: 93

Posted by: @dadmod2

@dadlad hi. You would have to apply with this form:

https://www.gov.uk/government/publications/form-fl403-application-to-vary-extend-or-discharge-an-order-in-existing-proceedings

Thank you,

Just to make sure. Would this be to vary the order for the applicant and not the respondent (I am the respondent) What is a C2 form used for?

 

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(@dadmod2)
Joined: 6 years ago

Illustrious Member
Posts: 5339

@dadlad hi, that form is to apply to vary/make change to non mol order that was placed on. If you apply, they would inform your ex, and then up to her if she agrees with change, or disagree with it and keep non mol in place. There would be further court hearings to decide on it.

C2 form: Make an application in existing court proceedings relating to children: Form C2

Ask for permission to start proceedings, or to request an order or directions in existing proceedings, or to ask to join or leave proceedings.

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(@dadlad)
Joined: 4 years ago

Estimable Member
Posts: 93

Posted by: @dadmod2

@dadlad hi, that form is to apply to vary/make change to non mol order that was placed on. If you apply, they would inform your ex, and then up to her if she agrees with change, or disagree with it and keep non mol in place. There would be further court hearings to decide on it.

C2 form: Make an application in existing court proceedings relating to children: Form C2

Ask for permission to start proceedings, or to request an order or directions in existing proceedings, or to ask to join or leave proceedings.

Thank you but I think that you might have understood my initial question.

At the first hearing I was originally offered the chance to accept the order based on no admissions and no findings. I refused this and opted for a contested hearing.

The hearing is now in June and the order expires in August any way.

I was asking what is the process to refer back to accepting the order based on no admissions and no findings and not going ahead with a contested hearing. 

 

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Posts: 647
(@dadmod3)
Honorable Member
Joined: 4 years ago

 I believe you could email the court and say that you no longer wish to contest the non mol and that you will accept in on the basis of no findings of fact.  Explain that the hearing is 2 months away from the expiry of the non mol and you feel it is a waste of court time to have a 2 day contested hearing at that stage.

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(@dadlad)
Joined: 4 years ago

Estimable Member
Posts: 93

Posted by: @dadmod3

 I believe you could email the court and say that you no longer wish to contest the non mol and that you will accept in on the basis of no findings of fact.  Explain that the hearing is 2 months away from the expiry of the non mol and you feel it is a waste of court time to have a 2 day contested hearing at that stage.

Thank you for your advice. Could she still refuse my change and pursue a contested hearing?

 

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Posts: 647
(@dadmod3)
Honorable Member
Joined: 4 years ago

There wouldn't be any point in her doing that.  The non mol is in place and it wouldn't be granted for a longer period at a contested hearing

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Posts: 93
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Topic starter
(@dadlad)
Estimable Member
Joined: 4 years ago

*misunderstood

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