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Contested Non-Mol

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(@dadlad)
Estimable Member Registered

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?

 

ReplyQuote
Topic starter Posted : 05/02/2023 3:22 pm
(@dadmod3)
Honorable Member

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

ReplyQuote
Posted : 05/02/2023 4:16 pm
DadLad reacted
(@dadlad)
Estimable Member Registered

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?

 

ReplyQuote
Topic starter Posted : 09/02/2023 9:46 am
(@dadmod2)
Illustrious Member

@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.

ReplyQuote
Posted : 09/02/2023 2:27 pm
(@dadlad)
Estimable Member Registered

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. 

 

ReplyQuote
Topic starter Posted : 09/02/2023 2:57 pm
(@dadlad)
Estimable Member Registered

*misunderstood

ReplyQuote
Topic starter Posted : 09/02/2023 3:30 pm
(@dadmod3)
Honorable Member

You could write to her solicitor and say that you are prepared to accept the non mol on the basis of no findings of fact to avoid the stress of a court hearing

ReplyQuote
Posted : 09/02/2023 6:18 pm
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