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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Family Law
Satisfied Customers: 6316
Experience:  Dual qualified Solicitor and Attorney
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I have my first non-mol hearing coming up and just want to

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Hi, I have my first non-mol hearing coming up and just want to know how it will go. it's a telephone hearing. I am the ex boyfriend/ father (I have 5 children with the applicant and am doing c100 separately). I got the Order without Notice at the start of lockdown so it is already in place.
This is the first proper hearing (paper hearing was last month and I sent in plenty of evidence disproving allegations and saying I was contesting it.) I have emailed her solicitors offering an undertaking on a non-admission basis but no reply yet.
I just want to know how it will go- it is at 3.15pm so will they even run through all the allegations in her witness statement at this hearing? or would the evidence only be looked at in a final hearing? are they just going to ask about undertakings/ if I still contest and if she refuses/ I still contest (which obviously I will) then straight to final hearing? hope that makes sense. thanks

Hi thank you for your message, so in essence, the judge will introduce themselves and ask each party and any representative there might be to introduce themselves and then the applicant or their representative will be asked to set out their case for the application, you will be asked to respond. Then having done that the judge will ask you questions and you will each be given a chance to respond to those. The key really is going to be to keep calm. The initial submissions or statement on the matter by the applicant will be based on their application so when you respond you can base your initial response on that. They will not run through all the allegations just focus on a few examples and then the judge will ask questions and query what they want to know. If you contest they might decide not to make the order with no undertakings or decide not to make the order with undertakings or make the order. I hope this helps.

Customer: replied 4 days ago.
what do you mean by set out their case? basically repeat the witness statement and why she wants the Order to remain?
how long should my oral Response be here?a few sentences on it being based largely on false allegations

Yes not exactly repeat the witness statement but briefly summarise their position. A few sentences in response is fine.

Customer: replied 4 days ago.
how is that different from a final hearing really? thank-you

Hi thank you for your message, this is a continuation of the existing order so the court will be making a decision on whether to keep it in place. If that is the case, there will not be another hearing until the injunction needs to be renewed in say 6 months. I hope this helps.

Customer: replied 4 days ago.
what? someone else on here told me that as it is at 3.30 this means that there is no way this is the final hearing?!? so I haven't really prepared!
Customer: replied 4 days ago.
they didn't even ask me to send further evidence but I did
Customer: replied 4 days ago.
this is just the first telephone hearing

Ok, I understand well I cannot speak for someone else unfortunately. I have set out as above.

Customer: replied 4 days ago.
this will likely be the last and only hearing? and they will run through all the allegations?
They won’t necessarily go through all of them in the hearing because the judge will have seen what was said in the papers but the judge will pick up and ask questions as they see fit. You can also draw attention to any you want.
Jeremy Aldermartin and other Family Law Specialists are ready to help you
Customer: replied 4 days ago.
okay thank-you