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SASH_Law
SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 3085
Experience:  LLB (Hons)
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I am an urgent question about my upcoming non-mol hearing. I

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Hi, I am an urgent question about my upcoming non-mol hearing. I have 5 children with the applicant and she is my ex.
My question is concerning undertakings- I emailed her solicitors a few days ago offering to accept "an undertaking on a non-admission basis where I agree not to contact her except through her solicitors or unless a future Child Arrangement Order allows us to communicate, but the Non-mol is cancelled."
Today, the solicitors got back to me offering the undertaking on a non-admissions basis saying they would not seek to prove anything in Court, but that they want the Non-mol to remain until it expires.
I wanted the Non-mol to be cancelled so I am thinking to email back saying no thanks, ***** ***** the Order cancelled altogether so let's wait for the hearing which is in a few days? What do you suggest? I can show you the emails if that helps. thanks

Hi, I'm Lea

Are you saying that the solicitors are asking for an undertaking even though there is already a non molestation order in place?

It may be useful to post up their email to you.

Customer: replied 2 day ago.
it was done without notice
Customer: replied 2 day ago.
okay I will post it here- one sec
Customer: replied 2 day ago.
File attached (54VTTQ3)
Customer: replied 2 day ago.
File attached (MST3PQ7)

When does the order expire?

When is the hearing?

Customer: replied 2 day ago.
december and the hearing is next week

You may as well wait for the hearing to put your side across. I cannot see the benefit in you giving an undertaking when there is already an order in place - it defeats the purpose of the undertaking. A judge would not accept both - it has to be one or the other.

Customer: replied 2 day ago.
Okay thank-you. I thought I read online that an undertaking can be made alongside an Order? but you're right it doesn't make sense! How should I reply to her solicitors?

It can, but it's a bit perverse to do so, as if there is a NMO in place, it comes with a power of arrest, whereas an undertaking does not, so therefore adds absolutely nothing to the situation.

Just say:

Thank you for your email. I'm content to put my case to the court as I want the NMO removed.

Customer: replied 2 day ago.
okay great thank-you!

You're very welcome.

All the best.

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