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lying about non molestation order

  • nanny j
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30 Sep 12 #358524 by nanny j
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I have received a letter from my stbx solicitor stating that he has been told by his daughter that he cannot come to the family home or contact me but that he has not received any documentation from the court or myself.

The non molestation order was served to him on 9th september outside a police station by my daughter and he signed for it.I then took a copy of the order along with the letter he signed to the police station for them to put on their records.Why would he tell his solicitor that he has not received it? The man is either losing his mind or playing mind games by lying.Will be contacting my own solicitor on monday.:ohmy:

  • .Charles
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15 Oct 12 #361100 by .Charles
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Your daughter served the order upon him? That''s not generally the way things are done as your daughter in not an independent person.

Charles

  • dangibbin
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15 Oct 12 #361132 by dangibbin
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Hi nanny j

I guess he will contest the order being lawfully served as recent guidance from last year has made the serving of non-mols very precise and to be honest from what has been said, this Order has not been lawfully served, nor could it be enforced if it has been served in this matter.

Edited to remove personal/commercial details

  • nanny j
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15 Oct 12 #361186 by nanny j
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omg you are joking???????????????????

The lady who presented my case to the judge in the family proceedings court told the judge that my daughter was going to effect service.She also explained that if my daughter was unsuccessful that I should ring her and it would then be the duty of the court to serve the order.

The order was made without notice to my husband as he was still in spain at the time(he assaulted me while we were on holiday).A protection order was issued in spain but was not effective in the uk.

I am due back in court on the 22nd oct when my husband can challenge the order.I''ll have to see what happens then.

p.s. my daughter is not his daughter.

  • .Charles
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16 Oct 12 #361252 by .Charles
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It''s not usual for a family member to serve a document. It is difficult to refute that a person was served when an independent person effects service. However, your daughter is not independent and could say she has served your husband even if she hasn''t. Conversely, your husband might say he was not served even if he has been. Who is the court to believe?

Did your daughter file a statement of service at court?

Charles

  • nanny j
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16 Oct 12 #361367 by nanny j
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My daughter completed a statement of service with date and time and obtained my husbands signature.The next day the signed statement along with a copy of the non molestation order was taken to the police station so they have it on their records.
I was not told to file the statement at the court.I could ask the police for a copy if necessary.Do you think I will need this at the next hearing?

  • .Charles
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17 Oct 12 #361393 by .Charles
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The statement of service is meant for the court rather than anybody else. The statement, along with copies of all documents served, should be lodged at the court.

Charles

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