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Cross application o...
 
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Cross application of CAO and NMO

 
(@mrstrange)
Estimable Member Registered

Hello

Long story short. My ex has applied for CAO and NMO. FHDRA has taken place for CAO(Seeking live with arrangement) and FH for NMO.

 

What's the best way for me to apply for the same within existing proceedings?

 

Thanks

 

Quote
Topic starter Posted : 28/04/2022 5:39 pm
(@dadlad)
Estimable Member Registered
Posted by: @mrstrange

Hello

Long story short. My ex has applied for CAO and NMO. FHDRA has taken place for CAO(Seeking live with arrangement) and FH for NMO.

 

What's the best way for me to apply for the same within existing proceedings?

 

Thanks

 

In the first instance I would email the court and ask them to joint them into one hearing if possible.

ReplyQuote
Posted : 28/04/2022 5:50 pm
(@dadmod3)
Honorable Member

What happened at the hearing for the NMO?  Did you oppose it?  Whats going to happen next?  Is your ex represented?  You could offer cross undertakings at the next hearing or direct to her solicitor before then.

ReplyQuote
Posted : 28/04/2022 8:14 pm
DadLad and DadLad reacted
(@dadlad)
Estimable Member Registered
Posted by: @champagne

What happened at the hearing for the NMO?  Did you oppose it?  Whats going to happen next?  Is your ex represented?  You could offer cross undertakings at the next hearing or direct to her solicitor before then.

I put forward a cross undertakings with no findings so that it was finished and then I could focus more on the CAO. The Judge accepted this and the NMO was dismissed.

The ex did not like it but the judge seen how petty and inconsistent her false allegations were.

ReplyQuote
Posted : 29/04/2022 6:14 am
(@dadmod3)
Honorable Member

well done, thats one hurdle out of the way

ReplyQuote
Posted : 29/04/2022 3:11 pm
DadLad and DadLad reacted
(@mrstrange)
Estimable Member Registered

@champagne First hearing for NMO applied for by my ex was held in January. Final hearing is scheduled for October. Scott Schedule not received yet. She's represented. I am not. 

 

I have not breached the NMO and the allegations are false and without a factual basis. No wonder I have been asked twice to accept an undertaking.

 

However I have received a few abusive and pestering emails in the past 2 months that I will state in my application for NMO.

ReplyQuote
Topic starter Posted : 01/05/2022 12:03 pm
(@dadmod3)
Honorable Member

Yes, you might as well fight the NMO as agree to undertakings. However, as you have received abusive emails you could suggest cross undertakings so she has the same restrictions as you.   If you were to breach those, she would have ammunition for a NMO.  There are some very helpful guides on the advicenow.org.uk website including 'going to court when the other side had a lawyer and you don't' and 'applying for child arrangements without a lawyer'. 

ReplyQuote
Posted : 01/05/2022 4:55 pm
(@mrstrange)
Estimable Member Registered

@champagne 

Thank you for the link! I've been extremely cautious over the past months. All communication is written and kept to a minimum. I write every reply with the expectation that others will see it and that it could be used against me. As expected, solicitors do their best at trying to rattle me but I don't take the bait. 

 

I'll aim to file the NMO next week. She will be wise to agree to cross-undertakings as 3-4 days would be required for final hearing for 2 NMO applications. Would cost her £6-8k and not worth it as I haven't breached her, her allegations have no factual basis and her NMO expires 2 months after the final hearing.

ReplyQuote
Topic starter Posted : 01/05/2022 7:29 pm
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