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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35219
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have been separated from my ex partner (we were not

Customer Question

I have been separated from my ex partner (we were not married) for 18 months and up until the past few weeks our relationship and agreements re contact with my daughter (who is 11 and my name is ***** ***** birth certificate) have been fine.Recently my ex has said she does not want me to have access to my daughter and she has said I will need to go to court to get access. Last week she filled a notice non-molestation order we I have to defend on 21st August. Every point that has been raised I have denied and even my solicitor has said it is an extremely weak case and has no grounds for success. However, they have said there are no guarantees with litigation and if I want to be certain of non having a freak order being made then I should offer an "undertaking" and this is likely to be acceptable to my ex. However, I know my ex is only doing this to strengthen her case when I go for contact with my daughter.Therefor my question is as follows - if I agree to an "undertaking without accepting any of her aqusations" re her application for a non-molestation order, could this "undertaking" be used against me when I apply for contact.As the this court date for this order has only been listed for 30 mins and I would contest every point she has raised and prove that most are even factually incorrect I was under the impression that the court could not impose the non-molestation order without me having an opportunity in court to defend myself. However, my solicitor has said that even with such a short listing (depending on the judge and the courts desire not to go to court) then a non-moleststipn order could be made without me being given a chance to defend myself.I would really welcome your counsel and advice?Kind regardsNeil Evans
Submitted: 10 months ago.
Category: Family Law
Expert:  Clare replied 10 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Why has she stopped contact?

Customer: replied 10 months ago.
Because she claims it is not in her best interests and would prefer to be with her mother
Customer: replied 10 months ago.
HelloHave you had a chance to review my question?Many thanksNeil
Expert:  Clare replied 10 months ago.

My apologies - are you aware that the site charges extra for a phone call

Would you say that you have a good relationship with your daughter - and that she does wish to see you?

Customer: replied 10 months ago.
I do have a good relationship and she does want to see me although they mother has groomed her against me / that is why I tried to get a call.Not sure how my answers will help you with my original question though as just wanted the legal position if I were to agree to an undertaking?
Expert:  Clare replied 10 months ago.

\I do usually advice giving an Undertaking - as it avoids the risk of a Finding of Fact against you

However if the application is indeed very weak then you may have little to lose by fighting it.

However the matter will NOT be heard on the next hearing date if you are going to contact it - and the Order will be carried over until the final hearing date.

You should consider making an applictaion for a Child Arrangement Order using a form C100 - and be aware that if you give an Undertaking this enables your ex to potentially claim legal aid to defend it

I hope that this is of assistance - please ask if you need further details