Welcome to the DAD.Info forum: Important Information – open to read:
Our forum aims to provide support and guidance where it can, however we may not always have the answer. The forum is not moderated 24 hours a day, so If you – or someone you know – are being harmed or in immediate danger of being harmed, call the police on 999.
Alternatively, if you are in crisis, please call Samaritans on 116 123.
If you are worried about you or someone you know is at risk of harm, please click here: How we can help
Ok quick update. Wife has failed a response to my response of her original statement. It's full of more lies and exaggerations. I really am tired and drained of this all and just don't have the fight in me.
I would have been willing just to suck it up and accept it, I'm certainly not the perfect husband. However at the end of the statement she asks for it to be extended by another 6 months, to cover the full term of pregnancy. Is this even possible now at this point to accept the original non-mol and agree to drop the contested hearing?
The judge originally suggested that was an option at the initial return hearing and would simply require some paperwork and no return to court.
The non-mol sucks but to be honest I don't want or need to see her as it stands, but it sounds like there's no a very real possibility this could be turned from a 6 month one to a full year.
As I said before....
You could write to the court and ask if it would be possible to accept an undertaking without admitting guilt, without having to return to court for the contested hearing. Briefly explain your reasons, that your ex is pregnant and you don't want to place further stress on her by continuing the action, so not accepting the allegations, but taking an undertaking that reflects that would be the best way forward for all involved... it's worth a try.
I would think that you can accept the original nonmol at any point before the hearing date, give the court a call and discuss the point above and whether the option is still available.
Hi mate, forgot to add she's not willing to accept an undertaking on any level, already tried that.
Her goal is not only now to get the non-mol to stand but wants the extra 6 months. She hasn't applied for this but has put it in her follow up statement.
I got legal advice and with the only other family solicitors in town ( she has the other), but they are a bit [censored] and the woman who was dealing with it left last week and the new lady seems worse.
Perhaps it might be best to try and accept the original order, call the court and ask if you can still do this.
Best of luck
Update on this. Looks like you can't just accept an order once you contest in and change your mind (despite the judge telling this). I informed the court and heard nothing back and my wife's solicitor that I would accept the order as stands. They came back to my solicitor with a long list of demands before they would allow this. I agreed to some as I just want to get on with my life without her, but now here solicitor is saying on Monday they will be turning up and treating it as a finding of fact hearing. I really don't see how they can just do this? My solicitor is a bit baffled by this as well. I was intending on not turning up as I am happy to let the order stand as is (Even agreed to give her an extra 3 months to cover child birth).
Is this not just a waste of everyone's time? I did say I wanted a contested hearing but the hassle involved, cost etc just doesn't seem worth it and like I say happy to ride it out (no chance of me contacting her) and save cost for everyone. Anyhow, looks like court on Monday anyway. Does anyone know what would happen if I just didn't go? Like I say it is listed as a contested hearing and I don't wish to contest it anymore which I have clearly told everyone, happy for the order to just run.
Only a judge can order a FOF hearing?. Have you received a reply from th court about the ex's solicitor wanting to vacate?
You could write to the judge and ask for advice, explaining that the respondents solicitor is saying they will be treating the next hearing as a FOF hearing and ask if this is procedurally correct. What's your solicitor doing about it?
My solicitor says we’ve followed procedure. We have informed the court we accept the original order as it stands and that we will not be needing a contested hearing. The ex’s solicitor has told mine yesterday they will still be attending on Monday and I should consider the consequences of that.
The advice I have been given is that based on some of my admissions (I’m certainly not happy with some of my actions) the order will probably stand anyway, so why waste money on it if I am happy to just ride it out.
My solicitor didn’t want to speculate too much, but suggested they are probably going to try and claim costs or something, perhaps try and get the order extended (we are only 2 months in). Although they should have applied for this before apparently.
My solicitor was a bit stumped to be honest as to why they would go when I have in writing I’m not contesting, as it’s clearly listed as a contested hearing.
We’ve written to the judge this week and the court to make my position clear. I don’t want the stress and don’t want her to have anymore and I’m cutting my losses and will just see what happens.
Anyway all very confusing .
Best of luck for tomorrow, hopefully the judge will see through all the bluster and make the right decision. Do let us know how you get on.
Well I’ve no idea what happened. As I informed the court and the soon to be ex wife’s solicitor I decided to not challenge the non mol in a contested hearing and informed the court in writing I didn’t want to waste anymore of their time. I accept my part in things and just want to move on.
As I understand she still went to court first thing Monday and asked for an extension and for me to pay her costs (not claiming legal aid). Couldn’t tell you what the outcome was as heard nothing from court or her solicitors this week.
... I didn't realise you weren't intending to attend, my advice would have been to put in an appearance to be honest.
Hopefully you will get the paperwork through fairly quickly, you could call the court and ask what the outcome was.
All the best
Welcome to the DAD.info forum.
We don’t like to set ‘rules’, but to make sure that you and the other dads are kept safe, we have some requests. When engaging with the forum, please be aware of the following:
- The forum is not moderated 24 hours per day.
- Many of the moderators do so on a voluntary basis. Whilst they may be able to provide some guidance, advice or support, they may not be able to deal with specifics.
- We are not an emergency crisis service so if you or someone else is in immediate danger, please call emergency services.
- If you are concerned about the safety of a child, please click here to find the support you can get for them (link to new page)
- If you are in crisis, please call Samaritans on 116 123. They are open 24 hours a day, 7 days per week.
We hope you find this forum a supportive environment and thank you for joining us.