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Contested non-mol hearing

DadLad

DadLad

Experienced member
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Hi people,

I am contesting a second non-molestation order. The first 1 was dismissed from court now the malicious ex has made a second application.

This is now going to a 2 day hearing which I don’t understand why. I feel so drained and consumed by all of this, on top of her using our child as a weapon.

The ex’s solicitors continue to keep undermining me by withholding documents from me, tampering with evidence and all sorts. I have asked for a Scott Schedule numerous times so that I can present my evidence but they keep ignoring any correspondence.

How am I supposed to have a fair hearing when I cant defend myself and they can get away with this illegal and underhanded behaviour?

I can’t afford legal representation but I have been appointed a free solicitor to cross-examine the applicant (apparently it’s the new law)

The contested hearing is listed for June but the order expires in August. At the first hearing I was given the option to accept the order on a non admission and no findings basis but I refused and opted for a contested hearing because I believe in fighting for my truth and innocence.

I am now having second thoughts due to how long this has been dragging on and to then go to a contested hearing for an order that expires 2 months later any way.

What would be the correct procedure or application to send to the court to ask to now accept the order instead?

Thanks in advance.
 
You can expect the other side's solicitors to be obstructive and all kinds of other dirty tricks, because they are acting for their client's best interests. I am not an expert on non mols but from the little I have picked up - do you actually need to contest it? I believe some people decide not to contest but do an undertaking - to save delays, time, stress and court costs.

However it sounds like contesting it is already underway. Are they supposed to send you a scott schedule and is that in a court order - and does that order say what date they need to send it to you and the court? If so then email the court and say you have requested the Scott schedule but not received it and cc the ex's solicitor into that.
 
Ash said:
You can expect the other side's solicitors to be obstructive and all kinds of other dirty tricks, because they are acting for their client's best interests. I am not an expert on non mols but from the little I have picked up - do you actually need to contest it? I believe some people decide not to contest but do an undertaking - to save delays, time, stress and court costs.

However it sounds like contesting it is already underway. Are they supposed to send you a scott schedule and is that in a court order - and does that order say what date they need to send it to you and the court? If so then email the court and say you have requested the Scott schedule but not received it and cc the ex's solicitor into that.
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A Scott Schedule hasn’t been ordered yet but I’ve asked the solicitor numerous times and emailed the court. I’m not going to a contested hearing without my evidence being presented.

The solicitors have prepared a bundle and included documents which I have never seen before and left out documents and tampered with evidence etc.

I want this over with now, June is months away and it’s a living nightmare. I just want to accept the original offer of a no admissions and no findings basis and get this settled asap.
 
Ok. So one thing at a time. If the court hasn't ordered a Scott schedule then there isn't one. If the other side have missed out documents you think should be in the bundle, then you can email the things you want included, to the court and explain that you had asked for these to be in the bundle and they were missed out of it (if you have a copy of an email to the solicitor from when you sent your docs then attached that to prove that, but if not - it doesn't matter).

In what way have they tampered with evidence? Presumably you have some sort of court order for the hearing that says what is expected of whom and when, before the hearing? What does it say?
 
DadLad said:
Hi people,

I am contesting a second non-molestation order. The first 1 was dismissed from court now the malicious ex has made a second application.

This is now going to a 2 day hearing which I don’t understand why. I feel so drained and consumed by all of this, on top of her using our child as a weapon.

The ex’s solicitors continue to keep undermining me by withholding documents from me, tampering with evidence and all sorts. I have asked for a Scott Schedule numerous times so that I can present my evidence but they keep ignoring any correspondence.

How am I supposed to have a fair hearing when I cant defend myself and they can get away with this illegal and underhanded behaviour?

I can’t afford legal representation but I have been appointed a free solicitor to cross-examine the applicant (apparently it’s the new law)

The contested hearing is listed for June but the order expires in August. At the first hearing I was given the option to accept the order on a non admission and no findings basis but I refused and opted for a contested hearing because I believe in fighting for my truth and innocence.

I am now having second thoughts due to how long this has been dragging on and to then go to a contested hearing for an order that expires 2 months later any way.

What would be the correct procedure or application to send to the court to ask to now accept the order instead?

Thanks in advance.
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If you contest this and win, you are in a much better position. My ex went for a non-mol, I made an undertaking and we adjourned with liberty to restore. That is not the same as having your name cleared. No findings against you is not the same as the case being dismissed.
 
Just to add to that. If you're having difficulty getting to see their evidence (but it should be in the bundle?). Then maybe focus on your own evidence that will help counter their claims. Although I realise you might need to see all their accusations before you can prepare your own evidence against those. This is clearly a tactic by the other side. Maybe you could get a free half hour's legal advice about the current difficulties. Most solicitors will give a free half hour advice (maybe longer).
 
I need my evidence to counter her allegations. And I need to know what the allegations are. All she has done is stapled the documents from the previous application which was dismissed.

All that is in the bundle are previous documents from a previous dismissed case and witness statements. Nothing new has been added and my documents have been left out.

I have asked the courts and her solicitor for a Scott Schedule and to include the missing documents otherwise I am walking into a dead end. I need to prove her allegations are false with my evidence.
 
I am not sure but it would probably need a hearing to order a Scott schedule! Unless you're lucky and the Judge makes an order with directions without a hearing. At this rate it is looking like it might need to be adjourned if you can't prepare (and the other side would love that wouldn't they?). More delay.

Ok so it sounds like her allegations are the same as before - if that is all that's in the bundle. In which case you could write a position statement saying these allegations are from the previous non mol hearing and have all been dismissed - and produce the evidence of that.

I think you really need solicitor help with this though.
 
This is why I am thinking about just accepting the original offer of no admission and no findings just to get this headache over with.

The order will expire 2 months after the contested hearing anyway.

it’s just looming over me and a living nightmare of stress. I can’t afford legal help.
 
You can get a free half hour (maybe longer) with a solicitor who can advise on the pros and cons of the no admission/no findings route. As I said I don't know much about non mols. But I do know they can drag on.
 
DadLad said:
This is why I am thinking about just accepting the original offer of no admission and no findings just to get this headache over with.

The order will expire 2 months after the contested hearing anyway.

it’s just looming over me and a living nightmare of stress. I can’t afford legal help.
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The context is important here. If you have child arrangements to be dealt with, they will milk this. It is likely to be treated as conclusive evidence you are an abuser. This happened to me, I did not even have a non-mol order.
 
Non-mol proceedings in my opinion are a distraction from the child arrangements proceedings. In my opinion, I think judges are more likely to err on the side of caution with non-mol proceedings as opposed to child arrangements.
I had to deal with non-mol proceedings as a respondent whilst at the same time going through child arrangements proceedings as an applicant.
I chose the no findings on a no admissions basis route and concentrated on child arrangements. Non mol proceedings can be consolidated with child arrangements proceedings so the issues are settled at a fact finding hearing. But you have to ask the judge at the non mol hearing. However if consolidated the non-mol can be extended, in my case until the fact finding hearing in child arrangements, where it was discharged due to the facts found.
By sounds of it, you're in a vicious circle of non mols, perhaps a fact finding hearing is more conclusive and holds more weight? Like Ash said half hour is probably needed with solicitor. Get your questions prepared or they'll talk about their holidays and what they're having for dinner.
 
That is good advice. And I am inclined to think that is the way to go too. Especially after Birmingham's experiences - his non mols went on for two years - with counter non mols. The process seems to get dragged out.

Re the free half hour with a solicitor. You can do that with two or three different solicitors. I found that helpful - some are much more on the ball and helpful than others and will give you an hour of sound advice. Others will make you feel not much the wiser or they're not that bothered.

When trying to find a solicitor many years ago I did this - the third one just gelled and was very proactive and upbeat and I went with her. Her advice was good and gave me confidence.
 
Daddy said:
Non-mol proceedings in my opinion are a distraction from the child arrangements proceedings. In my opinion, I think judges are more likely to err on the side of caution with non-mol proceedings as opposed to child arrangements.
I had to deal with non-mol proceedings as a respondent whilst at the same time going through child arrangements proceedings as an applicant.
I chose the no findings on a no admissions basis route and concentrated on child arrangements. Non mol proceedings can be consolidated with child arrangements proceedings so the issues are settled at a fact finding hearing. But you have to ask the judge at the non mol hearing. However if consolidated the non-mol can be extended, in my case until the fact finding hearing in child arrangements, where it was discharged due to the facts found.
By sounds of it, you're in a vicious circle of non mols, perhaps a fact finding hearing is more conclusive and holds more weight? Like Ash said half hour is probably needed with solicitor. Get your questions prepared or they'll talk about their holidays and what they're having for dinner.
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A difficulty can arise if the consolidation does not result in a fact-finding. Family Law Act application (non-mol) can be "adjourned with liberty to restore, evidence in one to stand as evidence in the other." The the Children Act (child arrangement) hearing can be hijacked by unresolved allegations the should have been dealt with through FLA application.

I say this only from the perspective of an LIP, against gold plated representation on the other side, it may be an easier ride with a barrister. But, undertakings can be presented as an admission of guilt. The judge does not always intervene on misrepresentation of previous decisions.
 
Why has the ex got a solicitor involved for a Non-Mol hearing or is the Non-Mol getting herself lined up to receive the legal aid purse?

I got my Non-Mol against my ex myself and it was pretty easy seeing the pile of evidence I presented to the court showing her behavior and the general daily harassments I was putting up with. My ex true to form decided to fight it and turned up with a solicitor who in my eyes was an absolute idiot and I ran rings round her in the hearing, end result was the Non-Mol granted and my ex got a £3k bill from this solicitor.
 
This is the second one in 8 months. The first one was dismissed. it’s like she sits and waits and then applies for another. This time it was an ex-parte even though all she has done is reapplied using the previous application and documents. I’ve had zero contact with her since 2021. Only contact has been regarding mediation and she even used that against me.

I just want it over with so that I can focus and start the application process for child arrangement and parental responsibilities orders.
 
IMHO, her representatives would not be offering you the option of "no admission and no findings" if it was not to their advantage. Their position later on in the process might be along the lines of:

"If she presented nothing more than evidence that is already dismissed, and you know you have done nothing wrong, why would you let the blemish remain? You had the opportunity to contest this."

The option is painted as neutral, then it is referred back to as a blot on your record.

It is a matter of working out the least worst option:

1) stress and delay to go through the hearing
2) expense and risk of finding a solicitor who can write some strongly worded letters
3) caving in to make this go away, risking dirty tricks and leaving her with the ammo

I can see arguments for and against each of these options. Our view on these things is always clouded by our experience.
 
What is the difference between a contested hearing and a fact finding hearing and the end results?
 
A contested hearing is a final hearing - where all the punches are pulled. It's where you get to submit evidence, as part of a witness statement which you construct around the evidence. Both sides submit a witness statement and are cross examined by the other side's lawyer. The purpose of the cross examination is - because the Judge is listening - and is partly to try and find flaws in your statement or prove you're lying. If one side can prove a person is lying, then their statement is dismissed. Basically they lose the case. It's usually quite easy to prove an ex is lying or the statement is just full of mud slinging with no evidence. Yours should be 100% correct and accurate to avoid this - no contradictions. Evidence is the key as well.

The lawyers can also put forward arguments and submit skeleton arguments on paper to persaude the Judge. If you don't have a lawyer, you can do this yourself. And you may also have to cross examine your ex yourself. If neither has a lawyer the Judge may ask you both to submit questions and the Judge will ask them.

A fact find is determine, on the "balance of probabilities" whether allegations are accepted or not. At the end of this hearing a Judge will either find for the ex or for you. Based on who they believe sometimes if there isn't much evidence - so evidence is important here, as is your demeanour.

So normally there is no evidence until a final/contested hearing. But if there is a fact find you're allowed to use evidence to defend the accusations and prove them false.

Sometimes a fact find can turn into a final hearing and does not proceed to a contested hearing. Particularly if it is found against you. Ie if the believe the ex's allegations are true and Cafcass are there and (worst case scenario) say "indirect only with Dad" or even "no contact with Dad". Or - if you do a domestic perpetrator course you can have contact (which is a difficult situation if you're innocent as you have to accept the findings).
 
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