Just been served with a non mol court date?

If the MF talks over you next time, pause and politely say, please don't interrupt me when I'm speaking.  The Judge should have stopped her as well as your ex. Sounds as though you are doing ok.  There is a guide to representing yourself in the family court on the advicenow.org.uk website if you need some help.

@champagne 

The judge has asked me to prepare a statement and submit in 7 days. I assume this is a statement to the allegations made? Or a position statement or both if this helps my case?

@actd 

I thought this too. I have been advised to submit a note to the judge before the next hearing and explain my concerns.

Posted by: @prisma

@champagne 

 

The judge has asked me to prepare a statement and submit in 7 days. I assume this is a statement to the allegations made? Or a position statement or both if this helps my case?

 Hi Prisma,

Just to answer a few questions I've seen:

- you won't be able to ask the judge to order contact arrangements for your children at this hearing, they are two seperate matters

- I obviously haven't seen the statement the applicant has made, but generally they should number each allegation in their statement. So I would write a response to each one, giving your version of events for each point and then reference your evidence to this point if you have any.

So just for example, responding to point 7 of a fictional statement: " (7) The applicant states I insulted them via email on 11/11/2021, this is false (see exhibit P7)."

Your exhibit would then be the email thread printed off or whatever evidence you have for that allegation, if any. Provide all exhibts along with your statement, the 'P' after the exhibit is your initials. 

Remember, the burden of proof is on the applicant. She has to provide beyond reasonable doubt that her version of events is true (unlikely she has any if it is untrue). So don't worry if you do not have evidence to show for every allegation, you can simply say the allegation is false. Once you show one or two points of a statement to be untrue, the credibility of it is now in question.

The only other thing I would add to your statement would be that the applicant is making numerous applications which you believe is to harass you and obstruct contact with your children. I'd put that at the end. 

Posted by: @cofeeman

Posted by: @prisma

@champagne 

 

The judge has asked me to prepare a statement and submit in 7 days. I assume this is a statement to the allegations made? Or a position statement or both if this helps my case?

 Hi Prisma,

Just to answer a few questions I've seen:

- you won't be able to ask the judge to order contact arrangements for your children at this hearing, they are two seperate matters

- I obviously haven't seen the statement the applicant has made, but generally they should number each allegation in their statement. So I would write a response to each one, giving your version of events for each point and then reference your evidence to this point if you have any.

So just for example, responding to point 7 of a fictional statement: " (7) The applicant states I insulted them via email on 11/11/2021, this is false (see exhibit P7)."

Your exhibit would then be the email thread printed off or whatever evidence you have for that allegation, if any. Provide all exhibts along with your statement, the 'P' after the exhibit is your initials. 

Remember, the burden of proof is on the applicant. She has to provide beyond reasonable doubt that her version of events is true (unlikely she has any if it is untrue). So don't worry if you do not have evidence to show for every allegation, you can simply say the allegation is false. Once you show one or two points of a statement to be untrue, the credibility of it is now in question.

The only other thing I would add to your statement would be that the applicant is making numerous applications which you believe is to harass you and obstruct contact with your children. I'd put that at the end. 

Thanks for the information:)

I can also prove that she has lied in her application in hopes of obtaining this order. Surly that is contempt in court and a offence in itself?

Morning,

I am just about to send my response statement off along with all the evidence I have gathered.

Are there any suggestions about what is important to have on my statement (apart from the obvious) and things I shouldn’t put on (mud slinging comments etc)

She is trying to suggest that I have used to the social services as a form of harassment and she has been hounding them for a ‘subject of access report’ 

This is something I can’t obtain due to not having parental responsibilities.

I have evidence why my concerns have been justifiable.

Thanks in advance.

There are some useful guides on the advicenow.org.uk website.  For example, there is one on representing yourself in the family court and another on how to get parental responsibility without a lawyer.  If you can prove that one/some of her allegations are untrue then she becomes an unreliable witness so the other allegations have less substance.

As I do not have any direct contact with my ex I have asked the court to serve her with my statement.

I have had her annoying McKenzie friend email me asking if she could ‘pass it on’ to my ex. 

Can they do this? The courts are serving my ex with my papers already.

@prisma I would say the court but others may differ i would not trust her McKenzie friend!

I agree with the above - do everything through the proper channels, and I would be tempted to do a polite message to her McKenzie's friend requesting that he/she does not contact you directly.

Posted by: @actd

I agree with the above - do everything through the proper channels, and I would be tempted to do a polite message to her McKenzie's friend requesting that he/she does not contact you directly.

They aren’t a solicitor, do they even have a right to contact me?

They are starting to become a burden if I’m honest.

They have been hounding children services for a report etc.

@prisma actd has stated be very polite (No contact directly it's going to get very messy) Just make sure your house is all in order Let them go via their Solicitor or court at the end of the day your not friends with, end of story!

As my solicitor said to me this is business and has to be done correctly or it will cost you thousands