Undertaking to court

[Aratron]

I was alleged to have harassed by my now ex wife. I had to defend myself in county court against a molestation order in the divorce proceedings I took an undertaking with the court rather than undergo more expense of defending myself at a final hearing. What happens later this year when the undertaking run out I do not think I have broken this undertaking. What if I have go in front of the court again to defend myself against a further anti molestation order will I have do another undertaking for another year as I cannot afford to defend myself again will this ever end? Feel there is no justice, no justice for men.

[Openlaw15]

Re: Undertaking to court

I was alleged to have harassed by my now ex wife. I had to defend myself in county court against a molestation order in the divorce proceedings I took an undertaking with the court rather than undergo more expense of defending myself at a final hearing. What happens later this year when the undertaking run out I do not think I have broken this undertaking. What if I have go in front of the court again to defend myself against a further anti molestation order will I have do another undertaking for another year as I cannot afford to defend myself again will this ever end? Feel there is no justice, no justice for men.

Hello Aratron

When the undertaking runs out (expires) it does not matter. Only if you break the terms of your promise (ie the undertaking), you could go to prison as then it could be a criminal offence potentially. So your ex wife can only go back to court if you do something wrong as per the original terms. Do not cause her to take any action against you. Do not harass your wife and then you'll be ok.

[Aratron]

Re: Undertaking to court

Thankyou that's very helpful I have been very anxious about the year running out and having to go back to court. I have been writing in a two way contact book for our child our grandparents deal with the drop off I've been anxious about that too as the undertaking said not to have contact in writing but it was an oversight not to include that stipulation at the time sonar present I've stopped writing in this contact book to avoid any issues, it's a mess. Btw I was alleged to have been harassing

[Noah]

Re: Undertaking to court

Hello Aratron

When the undertaking runs out (expires) it does not matter. Only if you break the terms of your promise (ie the undertaking), you could go to prison as then it could be a criminal offence potentially. So your ex wife can only go back to court if you do something wrong as per the original terms. Do not cause her to take any action against you. Do not harass your wife and then you'll be ok.

Aeration
Does that answer your question because I don;t think it does. You are asking if your ex wife can gain a new or extension to the order?

I would imagine that once it runs out she would have to show that you are harassing her in order to get another one. Harassment is of course a very subjective thing, one persons harassment may be another persons reasonable attempt at communication but just as in sexual harassment it is the 'victims' feelings that are looked at-if they feel harassed then they are being harassed.

I trust that you are now recovered from the ordeal of the divorce and the stress that that causes.

[Aratron]

Re: Undertaking to court

Aeration
Does that answer your question because I don;t think it does. You are asking if your ex wife can gain a new or extension to the order?

I would imagine that once it runs out she would have to show that you are harassing her in order to get another one. Harassment is of course a very subjective thing, one persons harassment may be another persons reasonable attempt at communication but just as in sexual harassment it is the 'victims' feelings that are looked at-if they feel harassed then they are being harassed.

I trust that you are now recovered from the ordeal of the divorce and the stress that that causes.

Thankyou for your reply, the divorce certainly opened my eyes and I am very much in debt still to various parties legally and with family, feel disappointed with my experience I was very stressed unable to see clearly as to what was happening and felt I was advised poorly and that all my solicitor wanted was more money. Anyway you live and learn. I am now worried with the undertaking expiring in a few months that my protestations about my ex wife's threats to stop contact through our child contact book will be seen as harassment I've stopped writing in the book now as I'm less emotional now than what I was. Although it's not in our child's best interests. I can't afford another legal bill whilst still paying my bill from last year off and wanting to pay family I owe. If I am summoned to court again once the undertaking ends in July will I have to sign another undertaking or be served an anti molestation order? I think I'll just sign another undertaking again. Will I have to do this for the rest of my life?

[Openlaw15]

Re: Undertaking to court

Aeration
Does that answer your question because I don;t think it does. You are asking if your ex wife can gain a new or extension to the order?

I would imagine that once it runs out she would have to show that you are harassing her in order to get another one. Harassment is of course a very subjective thing, one persons harassment may be another persons reasonable attempt at communication but just as in sexual harassment it is the 'victims' feelings that are looked at-if they feel harassed then they are being harassed.

I trust that you are now recovered from the ordeal of the divorce and the stress that that causes.

Do you want to quote the law or what you would like to create law, so that it feels nice, soft, comforting, and amenable for the enquiring op's needs and whims? The law would not permit many non molestation orders or to be used intermittently whilst at the same time permitting undertaking after undertaking after undertaking. The Undertaking is simply a convenient alternative and the absence of the non molestation order should not be viewed as a soft thing which requires renewal after renewal as that is simply an erroneous and impractical interpretation of family law remedies.

[Openlaw15]

Re: Undertaking to court

Thankyou for your reply, the divorce certainly opened my eyes and I am very much in debt still to various parties legally and with family, feel disappointed with my experience I was very stressed unable to see clearly as to what was happening and felt I was advised poorly and that all my solicitor wanted was more money. Anyway you live and learn. I am now worried with the undertaking expiring in a few months that my protestations about my ex wife's threats to stop contact through our child contact book will be seen as harassment I've stopped writing in the book now as I'm less emotional now than what I was. Although it's not in our child's best interests. I can't afford another legal bill whilst still paying my bill from last year off and wanting to pay family I owe. If I am summoned to court again once the undertaking ends in July will I have to sign another undertaking or be served an anti molestation order? I think I'll just sign another undertaking again. Will I have to do this for the rest of my life?

The law is there to protect people not so others can abuse it or play mind-games. Unless you do something wrong she cannot take you back to court. Look, if you were dangerous you would have a non molestation order and not an Undertaking. Contact rights having nothing to do with harassment situations, your have rights to access your children, so unless you are viewed as posing a threat to them your ex cannot stop you having contact with them.

[Aratron]

Re: Undertaking to court

The law is there to protect people not so others can abuse it or play mind-games. Unless you do something wrong she cannot take you back to court. Look, if you were dangerous you would have a non molestation order and not an Undertaking. Contact rights having nothing to do with harassment situations, your have rights to access your children, so unless you are viewed as posing a threat to them your ex cannot stop you having contact with them.

Thanks for your time and reply, I guess everyone says this but I dealing with a very unreasonable person!

[Aratron]

Re: Undertaking to court

I have no contact right it's all informal I tried that and nearly lost my job due to all the allegations

[Openlaw15]

Re: Undertaking to court

I was alleged to have harassed by my now ex wife. I had to defend myself in county court against a molestation order in the divorce proceedings I took an undertaking with the court rather than undergo more expense of defending myself at a final hearing. What happens later this year when the undertaking run out I do not think I have broken this undertaking. What if I have go in front of the court again to defend myself against a further anti molestation order will I have do another undertaking for another year as I cannot afford to defend myself again will this ever end? Feel there is no justice, no justice for men.

I have studied the English/ Wales legal system formally and the US system informally. The common thread, in my view, and is that family law is not as complex as other legal systems. I do not know why people waste a fortune on lawyers. Family law is not even a compulsory subject in a law degree and I mean by that is there is no extremely difficult law exam to pass as there with the main 7 subjects (unless that law schools adopted an exam). When there is no examination for a law subject I think that tells its own story. What I wanted to say was consider representing yourself in court but first do your own legal research by spending time at a local law library. All the procedure rules are available via justice.gov, for Civil, Family, Criminal etc. In this country we have become consumers but not thinkers, instead we tend to rely on the legal professionals because we think as they're the experts only they can know the answer. Think outside the box, yes you won't have bite-size case summaries like they do, but there are ways and means of doing research. Stop thinking subjectively, and think like a lawyer, what would a lawyer do, stop thinking justice and think 'method.'

[charitynjw]

Re: Undertaking to court

This website may be helpful for info.

Some articles here.

[Aratron]

Re: Undertaking to court

Thanks x