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I have recently received a Non-Molestation order from my ex. We had ended our relationship in 2011 and in her claim she mainly reference the facts that happened in 2010-2013. We have 2016 now. Is there any deadline or time limit as to what can be used in the claim?
Year ago I was contacting social services with regards to possible child abuse by my ex and been told that if I go to court I can only reference things happened within last two years and with that in mind I am wondering whether there is something of that sort with regards to Non-Molestation order.
Regards
Artur
Hi There,
.
I don't have much experience on Non-Mol orders I would try and speak to a solicitor and get some solid advice, many offer a free 30 min session where you are able to ask a few questions, granted the idea of the 30 min session is to get a jist of your case and work out if you want them to act on your behalf but you can get an idea as to whether her claims are still active.
.
GTTS
Issue here is that I have had little time before the first hearing. I have received the notice this Friday and have the hearing scheduled for Thursday. I am finishing drafting my Position Statement and just wondering whether I should provide my position with regards to claims that had happened so long ago. Obviously many of them are blown out of proportion - for example my ex claim that she feels I have interfered in her life since 2011 yet from 3rd quarter of 2012 till March 2015 she had been using my car to drive pretty much everywhere - work, dropping of daughter to school, doctors, casual, dates, parties with friends - this is obviously somewhat confusing as under no circumstances I had forced her to use my car where I paid for repair, maintenance, MOT, TAX and only in 2014 she started paying half the monthly insurance and before that I had been covering all the cost and only used my own car casually - once, or twice a month probably during weekends.
Anyway I am really interested whether do I really have to even consider those claims or I can just dismiss them.
Artur
I would definitely make the court aware of all the assistance you have given her with regards the car and any other proof you have that puts her claims into question.
I wouldn't specifically respond to each allegation, unless it can be categorically disproved, but certainly give examples of you both getting on as you have here.
As she has been granted the non mol I wouldn't just dismiss them off hand because they are historic, you need to fight your corner.
If you would like me to look over your PS when you have finished just drop me a PM.
Hi,
.
I agree with Mojo, don't volenteer the older claims but be ready to answer questions about them, and you can back things up with what you have said here about sharing a car ect.
.
GTTS
Well just to make one to read a success story - after reading both statements to be up to speed she asked she feels we are communicating in a very good way, sure there are some things going out of hand but it's on both sides and she feels Non-Molestation Order would be over the top.
Then Ex said some things, then I said some, Judge highlighted that in her view she does not understand why we are even here, I highlighted that actually we feel mutual as it was surprise to me. Then I suggested undertaking applicable to both of us so we stay away from each other unless it is related to our daughter.
Ex was trying to put up a fight, I highlighted some other things, Judge had to reprimand her not to interrupt me or start an argument. We both signed documents - me being happy as now I know she has to stay away from me as well at least for 6 months (that's how long this undertaking is valid for).
Funniest thing thought - all this came out of the fact that ex wanted to sent our daughter by herself to his BF for a week. Judge asked what I have said. I said I had my concerns....Judge asked so my Ex didn't sent our daughter....then I pointed out I had to threaten with Police and Social Services to get the results....long story short - Judge said Ex should listen to my concerns and I should not use Police and Social Services as a threat - although I am very happy with the outcome as Ex now is aware of the fact that in court she will loose if she will be deciding things by herself and she has to take my opinion under consideration.
Thanks again for brief support. Here you go a success story.
Artur
Hi,
.
Glad to hear you got a result your happy with, keep coming back for any questions or support you need.
.
GTTS
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