[Solved] Do I tell judge I'll accept undertaking?

My guy accepted a non mol on a ‘no finding of fact basis’, I’m not sure how this compares to an undertaking. Cafcass viewed this as him admitting guilt and it gave ex a non mol to use to get legal aid ever since. Looking back he wishes he had contested the non mol as it was all lies and hearsay.

Thanks - I've decided I'm not accepting anything now, I'll fight all the way. Case due to be heard earlier today but due to bomb threat all got cleared and have to wait for another date to come through. Gives me a bit more time to get myself ready which is a good thing.

An undertaking is not an admission of guilt, this was explained clearly to me by my senior barrister a while back.

In a sense it is a promise to the court, however it is contempt of court to not abide by it.

I guess CAFCASS or anybody else might misunderstand it, but they should know better.

An undertaking can be useful in 'reassuring' the judge or the other parent in a way, without admitting any guilt, that something will or wont occur etc..

Yes, giving an undertaking is not an admission of guilt, but it’s not a finding of innocence either, and it’s reason enough for the other party to get legal aid which acts as a motivator for them to not compromise on anything as they don’t have the same cost pressure as you.

Perhaps it comes down to the question of “why” should I give an undertaking ? If it’s because the other party wants you to promise you won’t do something that they know you’d never do anyway, you need to be suspicious.

My case was in court for 4 months. Had I given an undertaking, it would have easily dragged for 15 months or more.

If asked to take an undertaking and you have done nothing to deserve to then ask why they think you should.

i asked and was told it would make the other party feel more comfrtable knowing that there would be something to protect her...... i explained that i hadn't done the things she was saying i had, i had proof with me and was waiting on police notes that would prove it was her who was the agressor and i was the victim (for want of a better word)
however the judge said exactly the same as Chapter said...it's not an admission of guilt merely it is saying to court that you won't do the things they asking you not to do.

not being represented and it coming from the judge himself i stupidly accepted that and agreed to take an undertaking and the Non-mol was discharged based on this.........
HUGE mistake!!!!!

at every dispute hearing ever since my ex / or her solicitor has tried to bring up the Non-mol accusations...to which i then have to provide proof that it was discharged and that the underaking was taken.

the other problem is that current [censored] CAFCASS officer keep bringing it up when she's written reports this last 2,1/2yrs....again i have to provide proof but it's [censored] anyoing.

basically if you've done nothing wrong and can prove it why accept it! yes it may add delays to the hearings but surely thats better than the constant stresses of having to prove the ex's lies all the time?

yes it may add delays to the hearings

Assuming one has done nothing to justify a non-molestation order, I actually think that not giving an undertaking will speed up a case, because the ex can't use your undertaking to get legal aid and because CAFCASS are more likely to get out of the way if there is no undertaking and no non-molestation order.

Thank you but this is all too late - the hearing was due in the afternoon the other day but when I got there was listed as being in the morning. The usher said it had been heard in the morning and all I could do was write in to complain. Long story short it hadn't been heard and I was recorded as not attending (although I did get a letter saying that "due to a court administrative error" I had been given the wrong information, so an acknowledgment of their mistake) and the judge upheld the order, based on pure fabrication, which I now have against me so will lose my job and will have even more of a fight to see my children. What a perfect world we live in - for women at least.Thanks though.

That doesn't sound right at all. Don't tell me you are just going to accept their blunder!

Sounds to me there are grounds for an appeal or something as you haven't had a fair chance to defend yourself in court.

I am sorry if it sounds cynical, but I'm having a hard time understanding this. You're saying that 5 days ago there was a bomb threat on the day of the hearing and the hearing got adjourned to today, and today you were notified that the hearing would happen in the afternoon when in fact it happened in the morning ?!? I'm scratching my head at the odds of both of those events happening in the same case, because I honestly think it's easier to win the lottery than for those two things to happen to the same person, so really, it either didn't happen, or if it did it was premeditated by someone.