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ReadyLaw
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My question is about my first non-mol hearing. it was made

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Hi, my question is about my first non-mol hearing. it was made without notice against me. I have 5 children with the applicant and she is my ex. I am confused as someone on here said this would not be the last hearing as it was at 3.30pm, they said it would just be the interim one to look at whether an undertaking could be made and if there was need for a final hearing to look at all the evidence I sent in. Then, someone else on here has said that this will be the only hearing and they will go through some of the allegations and let us both have our say. So, which is it? what exactly will happen at my first non-mol telephone hearing at 3.30pm next week? thanks

Good day your question has been forwarded to me to see if I may be able to help

Customer: replied 11 days ago.
hello- thanks

Thanks for your patience.

The advise given by each of the experts may not be entirely incorrect. Without being a party to the proceedings an expert may not be able to give you a clear picture as to what may happen at the next hearing. I will try to put somethings into perspective for you.

1.The first hearing was done in your absence. So the order that was made was interim.

2. The purpose of going back to court is to give you an opportunity to challenge this order. At the first hearing the court may ask to hearing from each party to see whether there was any truth to the allegation and whether the order that was made previously should remain in place. There are times when at this first hearing things are resolved and the matter comes to an end.

3. Alternatively, at the hearing, the court could decide that they need to have the matter investigated. This will allow them to make a conclusive decision on the matter. They may also decide that each party would be given the opportunity to respond in writing to the allegations.

Based on the time that your matter is scheduled for, I tend to be of the view that this will not be a final hearing. The time allotted is not enough time to allow parties to properly ventilate issues. So, it is like that the court may make orders for the allegation to be further investigated or allow parties time to make further written statements. I would however recommend that in preparation you have a look at the allegations being made against you and prepare to answer questions posed by the judge, in the event they decide to ask you questions about the allegation with the intention of making the non mol interim order final.

Hope this helps. All the best. RL

Customer: replied 11 days ago.
thanks for clearing that up. will they ask about undertakings? I emailed her solicitors offering one on a non-admission basis but not had a response yet. thanks

What specifically are you referring to when you speak about undertakings. WHat did you offer?

Customer: replied 11 days ago.
an undertaking as in I said I want the order cancelled, and I agree not to contact my ex except through her solicitors to discuss our children/ court proceedings so an undertaking on a non-admissions basis

Now I understand. You could give that.It is likely though that the court would put an order in place but in the terms that it is by consent.

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