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Apologies for yet more questions but:
1. What can I put in place to stop my ex from making further false allegations to manipulate the situation?
2. Can she apply for a non mol order and a injunction at the same time?
3. She has used mediation notes as evidence (which clearly states that they are private and confidential) can I contest this or not?
1 I guess you could put in an application for a non mol based on harassment.
2 A non mol is the same as an injunction. They used to be called injunctions but now known as a Non Molestation Order to give it the full title
3 Tricky one. Sounds as though she's already used them. The Judge may feel that they're relevant.
I refused all allegations and undertakings. The judge would like a statement from me in 7 days.
We then have another appearance within 2 weeks where the judge will decide if it’s to go to a hearing or not.
She also had a Mckenzie friend who was rather disrespectful due to the constant hand gestures, shaking of her head and making remarks all when I was talking.
The ex was also warned several times to stop talking over me when it was my chance to speak.
@prisma I thought McKenzie's friends were not allowed to speak in court, I don't know whether there is any way to put in any sort of complaint, or request that the MF is excluded from the hearing itself next time.
@actd
I thought this too. I have been advised to submit a note to the judge before the next hearing and explain my concerns.
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?
@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.
@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.
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