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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2830
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My husbands barrister got him to agree to an undertaking so

Resolved Question:

My husbands barrister got him to agree to an undertaking so non mol got lifted then tried to get cao in different district court to where me and children live. The court have order it stays in my district. I have recieved a copy of application for cao. The barrister has lied by not ticking there is a health professional letter stating abuse and that fsu have are involved and that there has also been a marac meeting. Is this legal? I atated this in my application for non mol. So his barrister is fully aware
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. His representatives will need to provide any requested disclosure by the court in the application and they cannot mislead the court. I would suggest that in the first hearing you raise the relevant information and documents you have outlined so that the court is aware. In the application form (C100) would require disclosure of the health letter or marac report if he was seeking to rely on this for mediation exemption - so he may not necessarily needed to outline this at the outset.Please provide a positive rating if you found this helpful. I will not be credited with answering your question without a positive rating. Thank you
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Customer: replied 1 year ago.
He is trying to fight that he has donestically abused me for years. So by not disclosing that i have a health professional letter stating abuse and engaing with fsu and that there has already been a marac meeting regarding how best to keep me and children safe. By not disclosing all this on form are him and his barrister not decieving the court? I dont understand why they applied in another district from my home. As both me and my husband live in same area. Could it be so they could not have to producey statement for non mol with evidence of abuse and his misuse of prescription drugs?
Expert:  Harris replied 1 year ago.
Thanks for the further information. I do not know why they applied in another area, however the court has transferred the matter to your area. A CAFCASS officer will be appointed by the court to interview both of you regarding the history and the application as well as undertake background checks (eg. Police and social services) checks and report back to the court with recommendations - therefore all the history will be disclosed to the court despite him not putting it in the application.