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Position statement ...
 
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Position statement - undertakings NMO

 
(@dadofone98)
Trusted Member Registered

Hi starting a new thread to be more specific to a position statement . Any advice greatly received . I have accepted undertakings with exes solicitor in response to an NMO made against me - it’s full of false allegations - with no evidence. I do not want a lengthy court scenario by contesting it , contact with my child has now been agreed so I’d like it all over and done with . Any suggestions of how to word position statement coz I’m struggling to put one together . I want to say that I’ve accepted in a no admission basis , it’s all lies and I’m agreeing undertakings to save hassle of court process - I can’t think of a proper way to word it 😵‍💫 thank you 

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Topic starter Posted : 14/11/2022 3:56 pm
(@mrstrange)
Estimable Member Registered
Posted by: @dadofone98

Hi starting a new thread to be more specific to a position statement . Any advice greatly received . I have accepted undertakings with exes solicitor in response to an NMO made against me - it’s full of false allegations - with no evidence. I do not want a lengthy court scenario by contesting it , contact with my child has now been agreed so I’d like it all over and done with . Any suggestions of how to word position statement coz I’m struggling to put one together . I want to say that I’ve accepted in a no admission basis , it’s all lies and I’m agreeing undertakings to save hassle of court process - I can’t think of a proper way to word it 😵‍💫 thank you 

Below is a link to a template. If you google, you can find other ones that are very similar.

 

https://childreninthemiddle.co.uk/wp-content/uploads/2020/05/Witness-Statement-Template.pdf

ReplyQuote
Posted : 15/11/2022 10:15 am
(@dadmod2)
Illustrious Member

hi, i know dads that did not take any statement to non mol hearing. they just told the judge they accept an undertaking on no admissions  basis. then court put that in an order.

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Posted : 15/11/2022 10:25 am
(@dadofone98)
Trusted Member Registered

Thanks for the replies . I definitely want to say something so I’m not put on the spot with hearing just struggling with wording it . If it weren’t for the stress and anxiety making me ill I would have contested it 

ReplyQuote
Topic starter Posted : 15/11/2022 11:24 am
(@mrstrange)
Estimable Member Registered

@dadofone98 

Exactly. Court proceedings can be tense and the other party's barrister might pressure you with questions and statements. Stumbling on your words or saying something wrong can happen.

Therefore it can be practical to submit a statement with your proposed undertaking rather than leaving the other party to steer the direction of the outcome.

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Posted : 15/11/2022 11:45 am
(@dadofone98)
Trusted Member Registered

I haven’t prepared an undertaking , her solicitor is putting something together . I know roughly what it will include in terms of don’t harass / threaten etc - all things I haven’t done and have no intention of doing . Her solicitor said there will be variations to allow for contact also. Ex is still insisting on direct contact between us at handover  which considering what a monster I allegedly am doesn’t make sense . I’ve made suggestions to avoid direct contact with her completely but been met with excuses why these arnt viable . I might throw up when I see her - I’ve been so sick with this my stomach can’t cope 

ReplyQuote
Topic starter Posted : 15/11/2022 11:54 am
(@mrstrange)
Estimable Member Registered

@dadofone98 

Just remember that her solicitor doesn't work for you. If they are drafting YOUR undertakings, then get a draft copy as soon as possible so that you can review and give feedback. You don't want to leave to the hearing to find out. In the legal process, semantics matter and a few words can massively impact your life, so allow yourself time to review. 

 

I understand what you don't want to see her. However, even when couples are acrimonious, the court expects you to be child focused. Unless handovers can take place at school, you won't have much choice but to have handovers at her home. Just keep things calm and professional by not discussing anything at handovers, reserve that for email/messaging app prior to contact. 

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Posted : 15/11/2022 2:30 pm
(@dadofone98)
Trusted Member Registered

I’ve just had the undertaking - it’s basically just an attached annex saying I will not - harass threaten etc . Nothing on there to say it’s a no admission basis tho . I’m feeling like I might not go into too much on the position statement as I don’t want to rock the boat I want it all over and done with 😵‍💫

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Topic starter Posted : 15/11/2022 3:33 pm
(@dadofone98)
Trusted Member Registered

I’ve emailed them all and said I’ll accept undertaking no admission as I didn’t do what I’m accused of . 

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Topic starter Posted : 15/11/2022 6:35 pm
(@dadofone98)
Trusted Member Registered

since sending off position statement I’ve received court bundle from her solicitor with an index , NMO application, NMO and my position statement . There is no sight of the undertakings in there - should it be ? I’m so stressed out , can they withdraw it at this late stage after it was them that suggested it and prepared it?

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Topic starter Posted : 15/11/2022 11:31 pm
(@mrstrange)
Estimable Member Registered

@dadofone98 

The barrister who might represent her might put the undertakings in the counsel notes that will be shared with you and the judge 1-2 days before the hearing. As I have said a few times, take control by writing undertakings yourself. 

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Posted : 16/11/2022 10:02 am
(@dadofone98)
Trusted Member Registered

All over and done with. I agreed the very short undertakings , the judge looked a little peed off to even be there and noted that her witness statement was missing ‘but don’t need to see it anyway’ what I have to do now is file and serve a signed copy - do I take this to the court house ?

ReplyQuote
Topic starter Posted : 18/11/2022 11:46 am
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