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Getting Divorced Need Help with Occupation Order, Stopping Forced Sale?

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  • #16
    Originally posted by Celestine View Post
    Hopeful - please update us. Given your worries I am happy to have a pro-bono chat offline and have confidence that you can gain control of this horrible situation. Please send me a message or reply here so I can reach out.
    Hi Celestine, I PM'd you yesterday but not sure if you got that - perhaps this will reach you.

    In the meantime an update:
    I now have a 2nd hearing set in March, this time 'with notice' so my wife will be invited, at which point we will argue our positions and I'll either get the nonmol or occupation order. If she has actually filed her own much threatened nonmol application that could possibly be jointly considered at the same hearing too but tbh I've heard/had nothing and had no invitiation to attend any hearing myself so could just be my application heard.

    I really don't know what to expect in the 30 minute hearing so advice welcomed on that, and also how/when to introduce more evidence/additional witness statements. I understand that I can't just introduce them at the March hearing, I'll have to use that hearing to ask permission of the court to present them at potentially a 3rd hearing. This could be unnecessary if current evidence is enough but it's difficult to rely on that when much depends on the judge in front of me so it would be good to have some advice on how/if I should do that.

    Thanks everyone.
    Hopeful24

    Comment


    • #17
      Originally posted by Hopeful24 View Post

      Hi Celestine, I PM'd you yesterday but not sure if you got that - perhaps this will reach you.

      In the meantime an update:
      I now have a 2nd hearing set in March, this time 'with notice' so my wife will be invited, at which point we will argue our positions and I'll either get the nonmol or occupation order. If she has actually filed her own much threatened nonmol application that could possibly be jointly considered at the same hearing too but tbh I've heard/had nothing and had no invitiation to attend any hearing myself so could just be my application heard.

      I really don't know what to expect in the 30 minute hearing so advice welcomed on that, and also how/when to introduce more evidence/additional witness statements. I understand that I can't just introduce them at the March hearing, I'll have to use that hearing to ask permission of the court to present them at potentially a 3rd hearing. This could be unnecessary if current evidence is enough but it's difficult to rely on that when much depends on the judge in front of me so it would be good to have some advice on how/if I should do that.

      Thanks everyone.
      Hopeful24
      Flagged it up for you. When is the Hearing in March?

      Comment


      • #18
        PM exchanged - will advise privately and update thread as appropriate. As this is a sensitive family matter, this is the most sensible route however, in usual circumstances we ask members to maintain a thread.
        "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

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        • #19
          Originally posted by echat11 View Post

          Flagged it up for you. When is the Hearing in March?
          Thanks Echat.
          The hearing is third week March, hope you understand I'd rather not say exact date.

          Comment


          • #20
            Originally posted by Celestine View Post
            PM exchanged - will advise privately and update thread as appropriate. As this is a sensitive family matter, this is the most sensible route however, in usual circumstances we ask members to maintain a thread.
            Hi Celestine/everyone,
            An update and an urgent request for advice please, re introducing agreed undertakings and stopping a nonmol/occupation order case which has a final hearing scheduled.

            Update
            Thanks for the help you all gave me back in February, unfortunately I’m afraid after all that I ended up having a very unfriendly judge at the nonmol/occupation order hearing so it didn’t go my way, he refused to make any orders, didn't allow me to argue my case and ignored evidence.

            A final hearing was set which is coming up soon, the judge also gutted my case, disallowed the only photographic/video evidence as too historical and even disallowed new witness statements, then massively restricted my scope to focus on only the most recent worst incidents which although very serious lack the same level of evidence.

            Since then I’ve been reluctantly considering dropping it all to allow me to focus on finding work.

            Finally after much discussion with my wife I agreed this week to joint undertakings and to cancel the nonmol hearing immediately.

            Advice
            So now my problem is I’m not sure how to do either and I need to do it immediately to make it work at all, my new final hearing statement & evidence is due at the end of the week, the deadline for that was extended already so I imagine it's unlikely I'll be able to delay again.

            Having dones some research my hope is I just file an N117 with the best wording I can come up with, 4pm today or tomorrow latest, and then immediately tell the court that I’ve done that so they can stop/vacate the NonMol hearing, but I don't know if this is realistic/doable at this stage with a final hearing set and statements ordered.

            Could anyone tell me:
            If/how it's possible to file undertakings in this situation and how - via N117 or do I use another process?
            If/how it's possible to hold/Vacate the final hearing once done - via application or in some other way?
            Will the court still expect me to file my new statement and evidence this week and even go throught to the final hearing? Surely not?

            I need to file today or tomorrow if I'm going to file at all so if anyone could give me some urgent advice on this today I'd greatly appreciate it.

            Thanks,
            Hopeful24

            Comment


            • #21
              Also would anyone have any example wording for undertakings or from an actual nonmol / occupation order that I can use as a basis for some of the wording in my undertakings?

              Thanks again,

              Hopeful24

              Comment


              • #22
                Celestine

                Comment

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