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CONTESTING NON MOLE...
 
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[Solved] CONTESTING NON MOLESTATION ORDER

 
(@craigmcd)
Estimable Member Registered

I am contesting a non molestation order my ex filed against me.

Judge ordered that she has until 8th may to serve her 2nd statement and evidence while I have until the 15th may to serve my 1st statement evidence.

But she has been told to prepare bundle 7 days before hearing which is in August.

I just want to know can she add more to her statement/evidence or alter it and add it to the bundle?

I am worried that after she sees my statement she will now try and add more or alter hers before hearing in August. I know I have got it in the bag as I can prove that she has lied in most if not all of her initial statement.

I would leave it as I really do not want contact with her but as I am applying for shared residence I do not want a non molestation order to hinder it.

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Topic starter Posted : 03/05/2014 9:31 pm
(@Loving_Dad)
Reputable Member Registered

Hey Mate,

I would not worry about any come-back now - this is ex's 2nd statement & she can not alter it once submitted to the court.
She may make response to your statement - but don't worry.

Make sure you cover all points, log events, date/time & dispute all allegations that ex raised in 1st statement.
Keep it detailed & use every evidence that you may have.

Good luck & try not to get too personal or spiteful or sound revengeful.
This is about the best interests/ welfare if the child(ren).

ReplyQuote
Posted : 04/05/2014 2:56 am
(@Nanna)
Active Member Registered

MY son was served an order went to court 7 days after his ex obtained her ex- parte non-molestation order ,three weeks before his ex had been served papers regarding his access to his children ,to get legal aid she got this order based on lies ,my son attended the court and said it was not true he could not afford for his solicitor to go with him but he advised what to say ,he told the court he had not done any of what she put and she had only done this to get legal aid ,his solicitor suggested to ask for a undertaking not admitting he had done anything but it would be an end to it all the judge would not accept this and my son would not accept he had done anything so it was put to a full hearing
we gathered loads of evidence she had lied and the final hearing was yesterday ,to cut a long story short he won and the order was cancelled I would say to anyone if you have not done what is put in these orders then fight ,she now has lost her legal aid and my son has walked away from this with his head held high and a massive solicitors bill ,
I am aware there are women out there who are abused but the system to get legal aid is ruining people life's to be able to tell a load of lies and get an order based on no proof is wrong and this system needs looking at

ReplyQuote
Posted : 19/07/2018 5:06 pm
 Mojo
(@Mojo)
Illustrious Member Registered

Thanks for the update Nanna, great to hear that your son was successful.

ReplyQuote
Posted : 20/07/2018 3:11 pm
(@dadmod4)
Illustrious Member

The problem is that if someone lies to get legal aid, there is no punishment if they are found out - if there were, it might be a deterrent to lying in the first place.

ReplyQuote
Posted : 21/07/2018 3:34 pm
(@Nanna)
Active Member Registered

I agree there should be some form of punishment after all you are telling lies on court documents and in court, in this case she has lost legal aid there should be more to get a non moleststion orders than he did this he did that with no proof, it ruins people's lives
Legal aid should be a right in child access cases not you can only get it if there was violance in the relationship the system is causing this problem

ReplyQuote
Posted : 22/07/2018 10:54 am
(@superprouddad)
Reputable Member Registered

The other alternative is to give legal aid to both sides.

It still perplexes me that a 1st world developed country perpretates such obvious discrimination in access to justice.

ReplyQuote
Posted : 23/07/2018 5:17 pm
(@dadmod4)
Illustrious Member

It did used to be available to both sides, but that was stopped as part of a government drive to cut down on costs.

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Posted : 26/07/2018 12:03 am
(@dad-i-d)
Noble Member Registered

Yep….they cut the costs that meant an increase in DV claims…….and unfortunately therefore for most fathers / non-resident parents (if i am to be politically correct) to be put right on the back foot as soon as they ask for contact or more contact with their children….

That by the way is a factual statement and is backed up by real research by Families Need Fathers and other groups

ReplyQuote
Posted : 26/07/2018 6:03 pm
(@dadmod4)
Illustrious Member

I would certainly say that that fact ties in with what we have seen on this forum since this change happened - I'm pretty sure that DV claims were pretty unusual on here when I first joined the forum.

ReplyQuote
Posted : 27/07/2018 12:51 am
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