[Solved] Without notice letter

You're welcome... because your a litigant in person, her solicitor probably thinks that they can railroad you!

You could do that, but I would have copies of the letter with me at the hearing and I would make the judge aware of it and the fact that you understand that the use of without prejudice for child contact arrangements isn't appropriate, as such dealings concerning children should be done in the open.

Your a star Mojo.

I believe there’s a strong case that the without prejudice rule is being used to conceal unacceptable behaviour, hopefully the judge won’t allow them to hide behind it.

The court should want to know what has been going on, in order that it can determine whether a party has been acting within the rules or not.

You could suggest that they are encouraging you to breach the existing order and using the prospect of seeing your son to get you to accept an undertaking.

Thanks Mojo,

The family worker at school just called me and said that she could not contact me previously as ex had made a complaint against her. This was mentioned in section 7 as family worker being inappropriate which once again showed that the ex would threaten and shout and the people who do that continue to act in this was as they get results. The crime was my son crying at school and asking to speak to me. My son did speak to me and said he missed me and wanted to come and see me straight away. He also said that he wanted to go back to seeing me every weekend. The family worker then dis engaged from me, and I only found out today it as because ex made a complaint. She was only adhering to a child centred approach and there was absolutely no restrictions from my son contacting me in NMO. however, this was not seem to be eligible and was discounted because of the complaint. She only complained as she knew she was being found out and my son wanted to see me...

The school Family worker told me that if I had come to pick up my son she would have phoned the police so thank god I did not. I explained the solicitors letter and sent the school the copy and emails between myself and solicitor.

Mojo, you are absolutely right that I will bring this up. The school saying that they would call the police regardless of this letter shows this.However, you suggest not putting it in position statement but having the documentation and bringing it up in NMO hearing. Should I bring it up at the start or at any stage?

Do both, give it a brief mention in you PS...

I wish to bring it to the courts attention that I have received without prejudice correspondence from xxxx solicitor, I believe the WP rule has been used to conceal unacceptable behaviour and could have had far reaching consequences for myself and our child had I accepted their offer. I also feel that contact with our son was used as an incentive. I have the correspondence with me if the court wishes to have sight of it and I would respectfully ask that I be given permission to file it.

Thank you Mojo

I've never heard of without prejudice being used in family cases, and I'm surprised a family lawyer would try to use it. I wonder if it was an attempt to get you to break the NMO in the hope that the letter couldn't be presented in court in your own defence.

For NMO hearing i also have a police disclosure(one of four) where mother admits in the past to making up allegations of threats to kill to get an injunction against me. I was arrested and put in a police cell. When they looked at my phone they found threatening and abusive messages from mother. The police called her and she admitted she sent texts and said she only wanted an injunction anyway.. Is it any wonder i did not want to take up solicitors offer. it is so wrong as she has past form.