[Solved] Help Non-Mol order Witness statement not served

Anyone out there ?

Sorry I didn't realise you were waiting for a response. Have you received the statement yet?

Definitely contact the court, address the email for the attention of the judge (judges name), you should have the judges name on the interim order and you should also copy in her solicitor. There are sanctions for late filing, she may not be allowed to give oral evidence, and the judge can make a wasted costs order against her solicitor.

If they had requested more time for filing their statement from the court you should have received a copy of that, so it's my feeling that they didn't. You can always call the court and ask if they have had any request from her solicitor for extra time to serve.

Here's a link to a blog from The Custody Minefield about late filing which might interest you. It talks about a specific case and the consequences for late filing.

http://thecustodyminefield.com/lying-in-court-and-penalties-for-late-filing-of-evidence/

Yes, Mojo has given you good advice. Definitely telephone and write to the court.

Let us know how you get on and if we can help further.

Good luck.

Hi Mojo

Thanks for your reply, I have emailed the court stating no statement has been served to me and that they are not following the directions and that I did not receive any notice from the applicant, I will await from the court to respond to my email. Her solicitor did not contact me too.

Do I write another email about wasted cost and sanctions and oral evidence ?

Weird enough I received a call from a SS(case worker) yesterday, about the incident that happend (eventhough nothing happend and police took statement and let me go) and that she spoke to my wife and saw the kids, and if I did something and she was concerned that kids could have been present etc, I asked her is she going to help me see the kids she said NO so I said thanks for your call we are dealing with a court non-mol order and all evidence and statements goes to them for the courts to decide.

And I mentioned to her that mediation is not possible so to see the kids I will be going to file a contact order since this case worker said to my wife to call the police if I came to her family home.

I told her I am following the temp orders set, sadly not sure how social services work but from my phone conversation she did not seem to be looking at the kids best interests she wanted gossip and was trying to stress me more by talking about my kids as if she knows me.

Next step get mediation to sign my C100 and file it but I need a sample contact order and Can I request urgent contact too??

Any help please appreciate it I know many have gone through these loops but I guess it's my turn am staying strong, and family around me are telling me not to worry.

Hi there

No, you don't need to write to the court about costs or oral evidence. The court will decide what, if any sanctions to place and costs are very rarely awarded in family cases. It would just be a waste of time and is likely to annoy the judge.

Try to keep SS on side, they can appear familiar during verbal discussions but this is usually to put you at ease rather than to gossip.

Unfortunately, unless your children are at immediate risk, the court would not consider an urgent hearing. You don't need a contact order template but you can begin the process of applying for a Child Arrangement Order.

It might be worth attending a Families Need Fathers meeting in your area where you can get guidance and support on all of these matters.

https://fnf.org.uk/help-and-support-2/local-branch-meetings

Hi Yodo thanks

The judge set in the interm order 5. Costs in the application as my barrister raised this since their solicitor did not complete the witness statement correctly

Well I was friendly with the SS, but what annoyed me is she said we have to take her word for it no evidence is needed as apparently there was DV since we got married 5 years ago :/ bizarre but I said am just interested in the kids and I will put a contact order, and that my wife is free to do what she likes, she gave me her number and to contact her if anything.

Is a Child arrangement order different then a contact order? Because I cannot communicate with the mother since there is a temp non-mol order in place plus her family is being hostile when I asked to see the kids for few hours her uncle refused.

I will definitely contact and go to the FnF meeting.

Child Arrangement Orders are what replaced Contact Orders a couple of years ago. Same thing, different wording.

You will be able to claim exemption from mediation (which is usually mandatory before making an application) if the non-mol app prevents you from contacting or seeing your ex.

Unfortunately, SS and the court have a duty to investigate allegations as there are many genuine cases out there. In the meantime, while safeguarding checks are carried out, the children miss out on contact and the accused parent is bewildered.

Keep posting and we will do our best to support and advise you.

Good luck