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SASH_Law
SASH_Law, Lawyer
Category: Law
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Experience:  LLB (Hons)
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I`ve been served with court documents by my ex for a Non

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Hello there. I`ve been served with court documents by my ex for a Non Molestation Order and about to fill in the FL403 form. So I was looking a bit into it to make sure ill do it correctly
JA: What steps have you taken? Have you filed any papers in family court?
Customer: Not yet, I wrote a statement and I would like to file it together with the FL403 form
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Willesden county and family court
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I don't thinks so, any suggestions perhaps

Hi, I'm Lea

Has an interim order been made? Has a hearing been listed?

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Customer: replied 15 days ago.
Hello Lea,Thanks for you reply, the order has been made in a private hearing and we will have the second hearing on Wednesday next week.

May I ask why you think you need an FL403?

Customer: replied 15 days ago.
She got me arrested on false accusations.The case was closed, insufficient evidence to proceed. I talked to the police ant I`ve been told she has nothing against me so I could contact her. I tried, but with no luck,I only called to have contact or to hear about our child. Later I got a call from the police that she reported me for harassment and not to contact her in any ways. This is exactly what I did. no contact at all, I even blocked her not to give her a chance to contact me, just to be served with the NMO papers as a reward a I guess. Her statement its not entirely true, even our sons name is ***** ***** she was the abuser she is putting everything on me like I was bad to her and punching her and strangling her and don't even know what else. She run away with our child when I found out she was sleeping with her own biological brother, didn't hear about them for 8 months at all. I started the mediation and before our communal meeting she called me that she misses me and still loves me so we got back together for like 6 moths until she sent a message to her friend and her friend called 999 and said that her life is in danger..This is when I got arrested. I really believe they should revoke the order, because I would still love to see our child, her workplace is not far from where I live plus a work for uber, so I`m not quite sure how that would work out. I would be also happy with the undertakings as a don't want anything from her just to be a daddy like a was a full time one for a year before she run away with him he is 3 now and his birthday was on the 25th of may...Unfortunately i missed this one as well

The FL403 is not the correct route.

An interim order has been granted without you being present, and without the court hearing any evidence except reading what is in your ex's application and statement and making no findings at all at that stage, but deciding the order was needed until they could investigate further and hear from you.

You task, therefore, is to respond to the application and the statement your ex made in full. You need to copy the format of her statement and change the relevant parts (e.g. first statement of YOUR NAME), and then one by one respond to each and every one of the allegations she raised against you in her statement and deny them, dispute them, and or put your own version of events for that issue. You need to do this carefully and one by one so that you cover everything she has said. If you have any evidence to disprove what she has said you need to attach it to your statement as exhibits.

If the court decides that it needs a further hearing because it cannot tell which of you is telling the truth, it can set a date for a fact finding hearing where each of you will be called to give evidence, and cross examined - and where you are likely to be able to ask if you have other witnesses that you would like to do statements and appear in court where they have been witness to each other's alleged behaviours. If the court wants a fact finding hearing, the interim order will remain in place until that hearing when further decisions about it will be made.

Alternatively, if the court doesn't believe a fact finding hearing is necessary, they may make a decision about the NMO on the basis of the statements and having heard from both of you. There is the possibility that an undertaking could be issued instead - this is a promise to the court that you won't do what you are accused of, but which the court clearly identifies is given on the basis of no admittance from you. This is often the better outcome for people who share children, but should be given cautiously, particularly if you don't accept that you have done anything wrong and it's not needed. Whilst it is lesser than an NMO, you can still, ultimately, be arrested if you breach it.

Having an undertaking or an NMO does not stop you from making an application to have contact with your children.

To clarify - you do NOT fill in an FL403, it is unnecessary as the application made is still before the court - an FL403 is for an order that is in place and has been for a while. Do a witness statement with evidence/exhibits as advised above.

Customer: replied 14 days ago.
Great piece of information and advice, thank you very much for your help, it`s very much appreciated.
Customer: replied 14 days ago.
May I just ask one more question please. If some of my pictures are already as exhibits by the police would I still be able to use them for example in this case? I requested police reports, but they haven't arrived yet.

Yes, the police case and the civil case are two separate things, so you can use your photos in the NMO case.

The court can order police disclosure if necessary.

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