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Undertaking, DBS & ...
 
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[Solved] Undertaking, DBS & contact

 
(@Busta)
Eminent Member Registered

I've been worrying all night and would be very grateful if someone could help with some questions please:

I have already asked but does anyone know what I put on the front page of my statement/response to the applicants statement please? I did post yesterday but no-one seems to know and I'm stumped so might have to wing it although that's the least of my worries so don't know why I've put it first!

If I agree to an undertaking do I wait and see if the judge offers me one or do I pipe up and say I want to take one? Someone said I have to submit what I'll accept (?)

Does an undertaking go on a DBS?

Does an undertaking affect my application for contact which I'm putting in at the same time on a C2?

I have a non-mol and prohibited steps going on, non-mol on Friday and pro-steps in a month.

Thank you

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Topic starter Posted : 21/01/2018 12:24 pm
 Mojo
(@Mojo)
Illustrious Member Registered

It really depends on how strong your evidence is and whether she has any evidence to back up her allegations (which would have been attached to her statement)...once the other party see your statement and evidence (perhaps a good reason to let them have your statement 48hrs before the hearing) they may approach you before going into court and ask you to accept an undertaking... you can accept an undertaking without accepting the allegations. If they do approach you to do this, you can ask for agreement on contact and how that would be facilitated with an undertaking in place.

Accepting an undertaking without guilt is not supposed to affect further applications, but that's not always the case and in my opinion, if you have solid evidence of your innocence, I would challenge the non mol... but sometimes a party will accept it to draw a line and get things moving.

You can ask that the undertaking isn't used against you as far as settling contact is concerned and ask that contact betweeen you is allowed/specified in the order for the purpose of facilitating contact.

You can also ask for a cross undertaking...Cross undertakings mean that you both give an undertaking to the court that you will not engage in a certain type of behaviour towards the other. It is a common way of avoiding a contested hearing ..

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Posted : 21/01/2018 4:06 pm
Busta and Busta reacted
(@Busta)
Eminent Member Registered

Thanks once again - I don't think I'll take anything she/her solicitor offers. I'm a little more confident now, or at least I am just at the moment thanks to your help. I just want to see my children. Ah well, we shall see. First Court on Friday.

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Topic starter Posted : 22/01/2018 6:12 pm
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