How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ross Miller Your Own Question
Ross Miller
Ross Miller,
Category: Family Law
Satisfied Customers: 785
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
106205234
Type Your Family Law Question Here...
Ross Miller is online now

How could one get a ‘undertaking’ (promise to the Court)

This answer was rated:

How could one get a ‘undertaking’ (promise to the Court) discharged? This was conducted in a Magistrates Court (family division)?

Hello my name is Ross and I can help with this matter.

As you clearly understand, an undertaking is a legal "promise" to a court and would have been given for a specific reason. You will therefore have to ask the court if the undertaking can be amended or set aside. You will have to give your reasoning for this. For example if you gave an undertaking to do something on a specific day of the week, and you have a new job which prohibits this then you can ask to give a separate amended undertaking. Alternatively, if the undertaking no longer makes sense you can ask the court to have is removed etc. However, before changing any circumstance then you will wan to take advice from a lawyer who is familiar with your case to ensure that you are not breaking any other laws or putting your position in jeopardy etc.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

 

https://solicitors.lawsociety.org.uk/

 

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

 

Kind regards

 

Ross

Customer: replied 4 days ago.
Thank you. Could you confirm if I have to ask the court to whom I made the 'promise' or could I ask another court?

You would have to ask the original court. However, they may decide to "delicate" the matter to a different judge etc, however, if you have moved house and out of the area, you can ask the local court (of the same level) if they feel they have jurisdiction to hear the matter.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

 

https://solicitors.lawsociety.org.uk/

 

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

 

Kind regards

 

Ross

Ross Miller and other Family Law Specialists are ready to help you