[Solved] Tight Timescales - Undertaking Offered

Hi there

If the NMO isn't dropped then the next best thing is to take an undertaking without accepting the allegations, it seems to be a well trodden path when there is little actual evidence of DV.

I would always advise fighting it if you are innocent, but it's up to you to weigh it up....perhaps you could agree to the undertaking as long as the 100 metre no go zone is dropped and she can agree to indirect communication concerning contact with your child being allowed so that contact can be arranged. Others have had an NMO with a clause for email contact for child contact arrangements, so it's achievable.

Go with the contact centre and once you've got a few sessions under your belt, try and negotiate if you are allowed, if not then you can apply for a Child Arrangements Order....there will be extra hoops to,jump through because of the undertaking but it's not out of your reach.

Best of luck

Thanks for that

Today I saw another family law solicitor, she spent (unpaid kindly) an hour and half with me discussing the case. She was extremely concerned at the NMO contents given the extent of detail in it and how is effectively rules I cannot see or speak to my daughter except for supervised contact.

She suggested I came across very well and recommended rather than taking undertaking that I challenge and contest each point in her witness statement on this occasion.

Can anyone tell me (I didn'if t have time left today) the ramifications of doing so i.e. aside from costs, if I wasn't successful, what happens then? If they did believe my side, then what happens? If I contest and lose can I still take an undertaking? Would the ruling of the original NMO get enforced without any negotiation?

She did say that if I decided on taking the undertaking that I must absolutely not accept the clauses in there about the children as it would be very damaging and I'd unlikely see my daughter outside of visitation centre for the duration of the order.

I asked her to consider representing me at the court on Friday but she suggested I wouldn't need it (at the point where I have to decide if going undertaking route or not). Only saying that if I did contest, recommend I appoint a solid barrister as she thinks my ex and her web of lies would easily come unstuck generating sufficient doubt.

If any of you can help me I'd really appreciate it and would seek to donate accordingly as solid advice is worth a lot in a time like this

Hi there, sounds like a good solicitor 🙂 there are some out there! If she has advised you to self rep and contest having seen all of the details, I would follow her advice. It's a possibility you could still end up with undertakings or there could be a finding of fact hearing for which you could use a barrister or try to find a qualified or experienced McKenzie Friend to help support you.

Did she mention that you should consider applying for a Child Arrangement Order to resolve the contact issues? It's likely that you will need to do this if the mother is only offering supervised contact - that can't continue forever and better to have a plan with progression included. Those proceedings would run in parallel with the non mol proceedings or possibly be heard together.