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Ross Miller
Ross Miller,
Category: Family Law
Satisfied Customers: 1540
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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How could one get a ‘undertaking’ (promise to the Court)

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

Hello my name is ***** ***** 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/

Kind regards

Ross

Customer: replied 5 months 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/

Kind regards

Ross

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