NON-MOLESTATION ORDER - COURT RULING

Hi all.
I’m a new entrant into this. Just wondering whether anyone would be kind to give me ideas on how to get into my matter, seemingly the most bitter divorce anyone could come across.

We have three children two of whom are minors. Three years ago and as it seemed obvious that my ex was intent on hanging a criminal record on me, I walked out of the marriage and lived with relatives and friends. I left her in our marital home but often return when it’s convenient to take the two youngest daughters out. From the day I walked out, I stopped paying the mortgage as I was exclusively doing.

Having refused my ex’s requested that I sign papers for re-mortgaging of our marital home, ex wrote me and threatened to deny me access to the children except if I agree and sign the papers. Ex went ahead with the treat and changed the locks.
Police arrested me as I was fixing the door, having returned forced entry as the key has been changed.

While I filed a DIY divorce (Decree Absolute came out 3 weeks ago), ex obtained ex-partie non-molestation order.

My efforts to challenge the order has been complicated as I unfortunately turned up in court 20 minutes late due to train cancellation. The court officials sent me home and advised that I await court letters and then see a solicitor.

I returned home rather dejected and even as the letter finally arrived, I read it with no interest. However, when in subsequent days I glanced through the letter, I noted that the letter described my ex as the Applicant and described myself as the Respondent. It further stated to my surprise that “Upon the Applicant being absent from court and on hearing evidence from the Respondent in person, it is Ordered that the application be dismissed”.
I cant tell you enough how confused I became as I felt the order must have been written in error.
I will be grateful if someone could give me an idea of the implication of this. Could the court later re-write to me to correct it''s mistake or would the judgement be considered ambiguous or deemed unsafe? Could this development lead to some form of cancellation of the judgement or/and would the court be required to conduct a fresh hearing?

Today, I received an application made by my ex (Notice of Application for Attachment of Earnings Order), seeking to enforce cost awarded during the ex-partie hearing. This suggests to me that my ex might not have realised the error in the court order received. I imaged that had I been in my ex’s position, I would certainly have considered going back to court to seek some form of rectification or the order.
In light of this, I’m wondering whether it would be safe for me to take it that the original non-molestation order has been superseded by this order? In that case, what would be the safest thing for me to do? I will be quite pleased if this could result to fresh hearing.

Has anyone heard or seen a thing like this before? Please I need help on what to do. I cant afford a solicitor so everything remains that I will still represent myself in the matter.

Thanks

VICKY

OK, are you sure that there were costs awarded in the Ex Parte order? it is more usual for costs to be reserved and a costs order made, if appropriate, on any return date.

If therewas a costs order made then she is entitled to enforce that order.

in relation to the second hearing, did she attend, and did you contact the court while you were on the train to let them know that you were delayed? It may be that she also failed to attend / attend on time. If you contacted them to let them know you were late, I would normally expect them to put the case back or to re-list it. However if she, as applicat, did not attend and provided no explanation then they might well ismiss the application.

It may be worth writing to the court, explaining that you were unable to attend due to rai ldelays, that you contact the court to tlet them know (assuming that you did) or that you arrived late through no fault of your own and asked the court staff about being heard.

All that said, given what you have dscribed I think that a court would consider that she was justified in applying for the order. While the house is still jointly owned, it is clear that it is not your home any longer, you don''''t live there, and she clearly does not want you there, so it is not apporpirate for you to be letting yourself in or focing entry.

It is also not clear twhy you would try to prevent her from remortgaging - it would be in your interests for her to do so: either with her buying you out now or, if she cannot afford to do so, for the property to be transfered to her and so you to have a legal charge for a fixed % of the value, payable on a specifc future date. That would protect your interests, it would also mean that your credit record would not be impaired if she were to get into financial difficulties, and you would both know where you stand.

Your refusal to sign papers to allow her to remortgage could be seen by a court as controlling behavior which would support her application for an injunction.

Did you apply to have the non-mol set aside?

If so is it possible that you are the Applicant and ou mistakenly put your ex''s name in the Applicant box assuming it meant the original applicant?

Thanks for your response. Yes, I did apply to set aside the Non-molestation order. In fact, this was my second application to set it aside. I have been too unlucky and kept meeting unfortunate fate on both occasions.

When I made my first application, the court made a mistake and sent papers to the wrong address, resulting that I sat in the house for long without knowing that a date has been fixed and the case heard. It was in that very case that cost was awarded against me. As I became aware through telephone enquires to the court, that the case has been heard, I appealed and pointed out to the court that court listing was sent to an address other than what I clearly stated on my application.

To this, the court agreed and fixed a hearing. Sadly, the train cancellation cost me a chance to be present and put my side. Terrible fate.

As I arrived the court 20 minutes late and was told that the case has been dismissed due to my absence, I was simply asked to go home and await court''s letter and then see a solicitor. I was not able to say whether or not my Ex attended the court. When I did my DIY divorce, my Ex did not respond to several court letters (including bailiff service)hence the court granted the divorce and further declared in the Decree Nisi that cost be paid me (still outstanding). I just can not say whether this recent non-mol hearing went the same way. I simply assumed I was the only party not present.

This is more in particular, as the judgement posted to me by the court, even as it states my ex as the Petitioner it further states "Upon non attendance of ..... (my Ex''s name). It then described me as the Respondent and also stated "Upon hearing from ....... (my name) in person".

These entirely put me in confusion as to how best to interpret the judgement I received. Given that today is the deadline for me to pay my ex the court cost, I felt that while I was not physically present in the court as the pronouncement of court''s decision was made, it is then my duty to rely on the strength of the court judgement sent to me. As a result, I researched and filed in "A stay of execution" (in a different court where ex applied to enforce the order cost). I enclosed the Non-Mol judgement and elected for the court to consider the application without the party''s presence in court. I also asked the court to consider a retrial, if it so wished.

Looks like I''ve made a right meal out of myself. Would I be getting hammering from the court? I''m just so confused. I have never heard or seen a thing like this before.

Yes I made the application to set the Non molestation order aside. I felt in the trial and Judgement, I should be identified as the Applicant.

While I was late on the case, I made several telephone calls to the court but no one answered me. terrible fate

Yes, I did try to inform the court but the telephone was not answered. The line goes dead after long period of answer phone messages.

We have owned the property for 10 years. I alone paid for the mortgage from date of purchase till we separated 3 years ago. As we both work and ex earns even more, I felt it would be reasonable that I''m relieved from paying the mortgage for 7 years.
I did not want the property be re-mortgage as I''m more in tune that we sale the property and go our separate ways. It''s not possible to follow that path now as the children are still minor.

_________________________________________


Thanks for your response. Yes, I did apply to set aside the Non-molestation order. In fact, this was my second application to set it aside. I have been too unlucky and kept meeting unfortunate fate on both occasions.

When I made my first application, the court made a mistake and sent papers to the wrong address, resulting that I sat in the house for long without knowing that a date has been fixed and the case heard. It was in that very case that cost was awarded against me. As I became aware through telephone enquires to the court, that the case has been heard, I appealed and pointed out to the court that court listing was sent to an address other than what I clearly stated on my application.

To this, the court agreed and fixed a hearing. Sadly, the train cancellation cost me a chance to be present and put my side. Terrible fate.

As I arrived the court 20 minutes late and was told that the case has been dismissed due to my absence, I was simply asked to go home and await court''s letter and then see a solicitor. I was not able to say whether or not my Ex attended the court. When I did my DIY divorce, my Ex did not respond to several court letters (including bailiff service)hence the court granted the divorce and further declared in the Decree Nisi that cost be paid me (still outstanding). I just can not say whether this recent non-mol hearing went the same way. I simply assumed I was the only party not present.

This is more in particular, as the judgement posted to me by the court, even as it states my ex as the Petitioner it further states "Upon non attendance of ..... (my Ex''s name). It then described me as the Respondent and also stated "Upon hearing from ....... (my name) in person".

These entirely put me in confusion as to how best to interpret the judgement I received. Given that today is the deadline for me to pay my ex the court cost, I felt that while I was not physically present in the court as the pronouncement of court''s decision was made, it is then my duty to rely on the strength of the court judgement sent to me. As a result, I researched and filed in "A stay of execution" (in a different court where ex applied to enforce the order cost). I enclosed the Non-Mol judgement and elected for the court to consider the application without the party''s presence in court. I also asked the court to consider a retrial, if it so wished.

Looks like I''ve made a right meal out of myself. Would I be getting hammering from the court? I''m just so confused. I have never heard or seen a thing like this before.