more on undertakings (NMO)

[NewcastleBrownAle]

1. Anyone know when the undertaking actually becomes binding, when just agreed in court, does it have to be served? I've received nothing in the post, or signed anything, or seen anything in writing?

2. What if there is something in the undertaking you didn't agree to, or no longer agree with, can you return to court to amend ?


My cross undertaking included arranged for emailing the ex's solicitor to arrange time with my child, but I've emailed 3 times over 2 weeks and heard nothing back.

 

[Ash]

Any order or undertaking stands from the time it takes place at the hearing. Even if you haven't had the papers yet. However an order isn't enforceable until it is sealed and you have a sealed copy. Not sure if that's the same with an undertaking as not sure if it's sealed or just signed on the day.

I would phone the court and ask when the paperwork is coming out. I don't think you can change it after the event, as that would probably need another hearing, but I think you could email the court and let them know that the solicitor is not fulfilling what was undertaken. Although unless you have the exact wording of the undertaking in front of you, it could be difficult to say that. And ask for the email to be passed to the Judge. But phone first and ask when the paperwork is due to be sent out.

 

[NewcastleBrownAle]

Thanks Ash, I shall call them in the morning.

 

[NewcastleBrownAle]

well, I tried calling the court at 9 am and gave up at 9:50 as just left in a queue. So I've emailed them instead.

 

[NewcastleBrownAle]

I wonder if it would be worth calling the solicitors of my ex, or would that be unwise ?