Welcome to the DAD.Info forum: Important Information – open to read:
Our forum aims to provide support and guidance where it can, however we may not always have the answer. The forum is not moderated 24 hours a day, so If you – or someone you know – are being harmed or in immediate danger of being harmed, call the police on 999.
Alternatively, if you are in crisis, please call Samaritans on 116 123.
If you are worried about you or someone you know is at risk of harm, please click here: How we can help
It's been two weeks now since in court and i've received nothing from the court yet. An order was amended to the ex parte NMO to enable me to reply to her case and witness statements as we both havnt got solicitors ect, Also judge wanted to give us clear instructions on how to prepare the paperwork.
Well her deadline for submitting the paper to me and the courts is in two weeks time and i have two weeks after that date to respond.
It was me that mentioned to the judge the problem regarding me posting anything to her due to the currant conditions that was in place and the judge made it clear that i shouldnt be deemed to have broken the order and that my ex must inform the police regarding the change. (wasnt allowed to email each other for some reason)
My concern is that i have no paperwork to prove this to the police should she report me for making contact when the judge really did make a point of it. I know it wouldnt help her case should she did but its not the point,
Also last thing I want is this dragging out just because we are both self repping. Judge already allowed her extra time to gather her case together..
I just feel i should have received something from the courts by know more so as judge wanted to get the information on how to prepare out asap.
i would give the police a call and ask them if they have received any notification of the amendment either from her or from the court.
I would also give the court a call to explain that time is running out and you would like to have some form of proof from court about the amendment and timeframes for filing of statements.
I would start prepping your statement too, rather than waiting and stressing, you can always add to it once you have her statement.
All the best
I called the police, they cant give me that information and their advice is stick to the paperwork i have from the court already and then explained that one to me alright . Anything else i want to know there is a cost and up to 41 days to be sent lol. or get a solicitor to send the paperwork.
Cheersill call the court tomorrow
We're the court helpful? Hopefully you got some answers.
Right iv now called the court, Well as the deputy hasn't emailed the court with the new orders and times to file statements ect they cant help me, and all they can do is email the deputy that iv called today asking for the new orders and direction ect.
When i said that the deadlines were coming up as said in court i was told once they know it will be sent out to me.. even the lady on phone said I should have received something and then right at the end said this.
"Ah maybe the deputy has re-looked at the case in chambers and is seeking advice from another judge.before sending out the new orders and deadlines."
Has anyone else had this? I mean where a judge changes things after the court hearing. Why would she be seeking advice from another judge?
All i was reassured, was that ill be given time to file my statements ect as the deputy will allow time for the next hearing set for May.
We're the court helpful? Hopefully you got some answers.
Not at all.
I did manage to talk to the police officer that's dealing with the case, Only to be told that NFA is being taking. I told him what was said in court for which he just refused to answer any of my questions, apart from the case is closed from the CPS point of view.
When i asked him if the police can give out information about my past his reply was " If we feel a victim should be aware of someones past then we can" but refused to tell me what information they had passed onto her. Then said I can ask for what the police hold on my file and gave me the information on how to obtain it AT A COST!!
Amazing they can give my person information to someone but not to me unless at a cost?
Something not quite right with the whole situation, The way the ex parte order was given on pure lies and fabricated events which she has admitted already, the delay in court paperwork , the fact police are making a statement against me.on the information they hold. and they just will not explain just what the order atm means.
Is it me or what, Ive been arrested 3 times regarding harassment stalking and intimation. NFA taken Yet the court order states that im forbidden to do those things.but like i say to the police what is harassment stalking and intimation for there only reply is they will take action should she report such behaviour by me. I say YES but she has 3 times and its deemed iv done nothing wrong or surely I would have been charged.??
Now after having a good look at the order is doesn't say anything about not contacting her or being anywhere near her. Why after all her complaints doesn't it say that i cant?? Not that i want to mind its just puzzling me.
Can anyone else see a set up here, I mean although i have a past and many allegations against me from my ex wife 10 years ago which at a finding of fact hearing was dismissed ( all of them) and yeah ex wife and me had a horrible relationship and other [censored] was over 20 years ago.. I have never shown or threatened my ex in any way let alone violence towards her nor towards or in front of the child.. I havent made contact with her via text phone email over the last 6 mths, the only time was in the street asking about dropping xmas presents off to the child. Even during at functions I havnt said a word to her, all of which she has admitted in court I havnt done.
Now i spoken to the police regarding the original arrests again (different officer). they now tell me that all though NFA is being taken its seems this is a complercated case and an investergation is still taking place.with another police force, and then brought up "Clares Law" and maybe the police are giving a character reference of me. ( will not be good) .Now one thing they have said is i can send stuff regarding the case and as long as its only to do with the case they wouldnt take action ie arrest me.
It really does seem that she hasnt a case against me at all and relying on the police giving me a bad character reference..
Now the investigation i can only think of is down to an allegation regarding and old boy friend of hers, something thats been fabricated and in fact iv been interviewed about already. it also happened over 6 mths ago and wasnt brought up untill the 3rd interview.. Now i did agree that something happened on that day but not the way the boyfriend said it did. In court she was asked what evidence she can provide for which she said the ex BF and the police.. the judge then said " and i pursume there would be photos of the damage caused. ie ramming him off the road" to which the ex replied yes but there are concernes that due to my work i could have repaired any damage to my vehicle. this i have dashcam footage of no damage to his side of the car he is saying i caused and also have a statement from the recovery guy to say no damage was caused to my vehicle as the dashcam didnt quite show that but shows the guy inspecting my vehicle at the scene.
Now considering on how i felt the first hearing went with the judge coming across that she knew more about this whole case and the fact iv no paperwork as of yet from the court and the conversations iv been having with the courts and the police, and the fact the ex has said that her and the child are at no risk from me at all im finding it hard to get my head around it all.. Like a solicitor has said this isnt an ex parte NMO case but in fact a NMO with notice case instead , he cant understand why this wasn't explained to the ex in court.To him the courts have pre knowledge of what the police are putting forward on the whole situation and are awaiting for evidence.. As to me the judge did come across this way.
Would this explain why the courts are holding back on the file of statements deadline as the judge has realized that the police require more time to investigate further than the times she told us in court and the time to get the police statements.. Where do i stand in submitting my statements ect as I can only go on what was said in court and that time is running out. Besides Ive only to answer to her allegations which again i cant if i havent got them.
I think,you have to step away from all the police and court machinations and concentrate on what required for your case, concentrating on answering the allegations and preparing a rough draft of your statement. Come the deadline for when you should receive her statement, if it doesn't arrive you can ask the court if they have received it, if it's late arriving you can ask for an adjournment, or an extension for more time to respond, but sometimes it's better just to get on with it. If it doesn't arrive at all it would be impossible to provide a response... You could prepare a response to the existing allegations, but if new ones are made you could ask for time to respond to those...It's a bit of a suck it and see situation I'm afraid.
Best of luck
I had a response prepared already for all the allegations with me on the first hearing, I also explained that many of them I could not provide witness's for as there either wasn't any or that they are close friends that don't wish to get involved and cant provide witness on complete made up allegations.. The only witness I asked for was Social Services for which the judge wouldn't except as felt unneeded at the moment. The judge just asked her if she has had any dealing with SS for which at first she said no then umed and r'ed saying well yes but that they only called her as the police took the boy away as he was left at home and just dropped him at her work place and SS have said NFA is required. I added to this saying that the reason the police removed the boy was in fact he was locked in and it took over 15 mins for the boy to find a key. Also SS were involve during her own youth form as she was a very difficult child. You could tell she wasn't happy with what i said but again seemed the judge took her word on it by stating no we don't require anything from SS even as a witness for me for what is a serious allegation she has made.
What i don't get is the blinding report she gave me as a person towards her and the boy and again when I gave a oral statement in response of her ex parte statement she fully agreed with what i said. Even when the judge asked her if she feared she or the boy was in any harm she replied " No not at all" with what I would call a slight giggle.
Anyway yesterday i popped in and saw a friend of mine, a friend that is a client of hers, the friend told me that she had opened up to her regarding the boy is lying and being deceitful to her, Wont talk to her about nothing and basically just shutting himself off from her and that she is concerned as this is not normal behaviour from him. Friend then said she seemed to come across that she is regretting getting the police and courts involved and right at the end said oh well it well all end in a couple months.
Now this co-insides with her mental illness, She does over react on situations then fully regrets them afterwards, then she buries her head in the sand till it all goes away. TBH my defence on many of her allegations are due to her mental health issues and to me why after interviews with the police NFA was taken.
I do know the boy has been getting into trouble at school, now she was also relying on the school to give a statement but if the boy has opened up regarding not allowed to see me she wont want that used in court for sure as that will help me in me applying for contact.
No paperwork at all from the court surely isn't right, even if she dropped it all surely ill be informed about it. IMO its all about keeping the boy away from me and she using the system to justify this, as even if she doesn't win the order will still stand till may.
Poor [censored] as yesterday must have been hard for him as i was with her next door neighbours boy building snowmen out the back. I know for a fact he would have wanted to come outside and help. She even wouldn't let my boy go in and say hello to him just mentioned that she was aware I was outside.
The judge won't look at what happened in your ex's past, especially when she was a child. I would be careful not to make too much of what you consider are her mental health issues, making assumptions won't help your case.
Lots of people overreact and make knee [censored] decisions that they later regret, they don't all have a mental illness. I'm not saying she doesn't, but unless she is under a Specialist Doctor and receiving medication, the court won't take your defence on this matter seriously and may see it as vexatious.
All the best
Cheer Mojo,
She registered with the mental health team and has or should be taking medication, I know she doesn't always take the medication and manly self medicates with weed on a daily all day basis.
Most of my questioning in interview with the police where about stalking and harassment where I agreed what she was saying was true but I was in fact working or had a valid reason for being were she was saying i was.
She suffers from many mental health issues including bi polar, anxiety and compulsive lying. I understand where your coming from as it can look vexatious.on my behalf. I have in the past gone with her to the appointments with the MH team.
I just feel that this needs to be addressed to the court due to the very many petty allegations she has made towards me. I know she wont want to be questioned about this subject at all.
iv read up on stalking and harassment law and one thing it states is an act to be classed as stalking or harassment must be what the everyday average person would deem as being unreasonable behavior. Now considering 80% of over 3 hours of interviewing on such allegations with my replies and NFA being taken it must be that the everyday average person would deem my actions as being reasonable. therefore with the many allegations she has throw up are clearly due to her anxiety and paranoia or controlling actions .
she has even admitted not just in court but also to police that she has maybe been over reacting and changed her story, not just a couple times but nearly every thing so far she has said.
It's not something I wish to really hammer home about in court as I know it will effect the boy if she gets investigated about her illness due to it will put her in a depressive state which can be worrying as she has tried many times to take her life over the years.
I may not be the boys real dad but im the only stable male figure in his life that his mum for no reason at all has stopped all contact. And with him at an age she need a reason to keep him away, Hence all these allegations are appearing out the woodwork.,
It's a fine line isn't it, as long as you temper your defence by showing concern for her and the child, bringing up these issues because you're worried comes across much better than if you look like you're trying to cause her a problem... even though she has made these allegations against you, if you're proposing that it's largely due to her condition, it would be natural to be concerned.
Once you have the paperwork, you will be in a much better position to see what needs to be done and how to move forward.
Called the court again and good job I did, This lady was very helpful this time and explained that because there was on the day a deputy judge sitting the case its seems as though a mistakes been made and therefore requiring a District Judge to make the order. The lady was saying what is written down in front of her is full of crossing out and a lot of changes where made during the hearing.
But now Im informed that a "statement of Truth" is to be submitted by both parties by next week and as it stands, the orders made on the day still stands. Then we both must submit "Witness Statements " by the 26th. I then point out another date for which she was stumped on saying that its so scribbled and changed she cant make it all out and will chase the issue up quickly. It not just me that's been inquiring as she mentioned theres been many calls for which today was my 2nd.
I'm also told the next hearing hasn't been finalized yet even though i point out the date said in court. This was crossed out i was told and that this lady would know as she deals with the court dates and nothing is booked in.
Basically keep to what was said in court which even the courts dont understand fully and as soon as the order is written by the district judge it will be sent out with all the dates ect ..[censored] lol
The positive side of me is thinking the order should have been dismissed and judge is waiting to see if the police statement is going to carry any weight before sending out the order.
Welcome to the DAD.info forum.
We don’t like to set ‘rules’, but to make sure that you and the other dads are kept safe, we have some requests. When engaging with the forum, please be aware of the following:
- The forum is not moderated 24 hours per day.
- Many of the moderators do so on a voluntary basis. Whilst they may be able to provide some guidance, advice or support, they may not be able to deal with specifics.
- We are not an emergency crisis service so if you or someone else is in immediate danger, please call emergency services.
- If you are concerned about the safety of a child, please click here to find the support you can get for them (link to new page)
- If you are in crisis, please call Samaritans on 116 123. They are open 24 hours a day, 7 days per week.
We hope you find this forum a supportive environment and thank you for joining us.