[Solved] Non Mol

The rules say the extension shouldn’t be without notice. The applicant has plenty of time to do it.

But magistrates and court clerks are so poorly trained sometimes they just rubber stamp: hurra let’s push up our ‘protecting the vulnerable credentials and stars’. I’ve seen extension ex parts a few times.

So who knows. Your best bet is to write to the court and let them know you object to any extensions.

If you’ve got existing child proceedings the non mil should really be lumped with them.

Thank you.

I am expecting it with or without notice so no harm done.

I did read somewhere that she will have to extend order before expiry date of original for it to count, is that correct? So if I dont hear anything during this time, it should mean she hasnt requested the extension.

Can I object to an extension without knowing her position first - counter arguing why she wants to extend it?

I just dont want to give her or solicitors anything till I need to.

Yes I have 1st hearing c100 in Oct. I also read they can be joined for continuation but because there so far apart (NMO 1st week of July) would it be beneficial?

Do you the no process of objecting a nmo? Can it be done in the first hearing?

Sorry if i come across as bit puzzled trying to understand how this all works.

Yes it will have to be extended before the expiry.

Yes you should be notified.

But again, the court clerks/tipstaff may drop ball... it has happened.

Yes you can lodge communication with the court - telling them where you address/phone number and to let you know of any application

You will get the chance to contest it in the first hearing - no evidence is required, all you have to say is that you contest it.

Then it may go to fact finding/final hearing, and you will be asked what to respond to and what statement to make.

Thanks,

is that the case for 'without notice' as well ?

Looks like depending on case land on they all have there own way, you would think they all follow correct structure.

I will write up something this afternoon to send to them.

Can a it be thrown out at the 1st hearing?

If it does go to that, what's the usual waiting time for final hearing?

It shouldn't be without notice - there is already a nonmol in place, there is no rationale for extending it non notice, but as I said inexperienced magistrates and court clerk may still do that.

Even if it's extended non notice you still have the chance to contest it. you can complain about that in that hearing.

Yes it can be thrown out at first hearing if the reasons are flimsy.

A second hearing in normal times is within a couple of weeks or so.

well there you go, the whole situation is irrational lol

oh il be contesting it - il update forum good or bad.

Lets hope it flimsy ay but with breaches I can see this playing out till the end.

As family courts work on probability, do you think the fact police havent confirmed going forward on breaches can be seen as negative. I have pushed for them to make decision having been 4 months now. I got nothing.

Tired of fighting but I no its the only thing she has against me.

I did DM you FE but not sure I did it correctly.

My last question if you may.

Will x be entitled to legal aid without an extension on nomol ? so if the courts reject her application she would have to self rep during CAO?

hi,

if your ex got legal aid the first time, then it's likely she will continue getting it. my ex got it during last years hearings. it got revoked. and this year she applied again and got it back.

thanks bill.

So im guessing it depends on her financial circumstances.

So in effect having a nonmol isnt a way to gain legal aid. (Scratching my head)

non-mol/domestic violence & abuse is way to get legal aid. its also depends on circumstances like if person is on benefits, or very low income. my ex didn't put non mol on me. just on benefits.

Yeah the non-mol application confers legal aid. The system is rigged. Once legal aid got abolished non-mol applications went through the roof - somehow I doubt it's all real.