Discharge of Undertakings- Non-molestation Expired

Hi All,

My introduction to the wonderful world of courts was an ex-parte non-molestation order served ex-parte from my lovely ex. At the time I didn''t have a clue what I was doing and so whilst the Non-Mol was explicitly dismissed without findings at an inter-partes hearing, I agreed to undertakings which were supposed to be in place for a year. With hindsight I should have never agreed to them as her case was very flimsy, had no evidence or basis, and the undertakings were repeatedly used to cast aspersions on me by my ex''s legal team in every court engagement. Anyway...

Fast forward two years, and speaking to CAFCASS, they stated that whilst they were conducting safeguarding checks, the police are still saying that the Non-Mol is live.

How do I sort this out? I honestly don''t have a clue how to approach this... Write to the Court where the undertakings were made? Write to Scotland Yard?!!

Thanks for any tips!

You will have received an order that dismisses the non-mol order.

An undertaking is not an admission - it is merely a promise to the court not to do something that the other side might find objectionable.

If you did not do anything in the first place there would be no harm in making the promise not to do it in the future.

If the other side keeps referring to the undertaking you need to pull them up on it. As an example, if I promised not to go to the moon - it would be ridiculous for another person to say that I had been to the moon already on the basis of that promise.

Charles

Thanks Charles. Indeed I do have that Order which was made at the inter-partes hearing and says the Order is Not Made and for the avoidance of doubt the ex-parte Order is discharged . But how do I get that to the right police department to ensure that CAFCASS aren''t picking up on it as a live Order? Or do I ask the issuing Court to do this?

If the police and or court record shows you as having an order that has not been made it is also a data protection issue. It should be sufficient to write to the police and court with the relevant paperwork asking that your record be amended immediately. Copy it in to Cafcass.

Thanks Maccy2. So when you say "write to the police" - do I just send it in to my local constabulary or are there divisions that deal with this sort of thing specifically?

Spoke to the police via "101" - they said that the Court had told them about the Non-Mol, so they had to advise removal too, so I''ve now written to the Court, attaching a copy of the sealed discharge Order and asking them to sort it out.