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Advice needed for friend re undertaking/family court

1 reply

elteclado · 07/05/2021 09:35

My friend has accepted an undertaking to stay away from the marital home, her Ex is resident there, he also has accepted an undertaking to stay away from her current address and both are not permitted to contact each by phone etc.

My friend had to leave the marital home in a hurry, really with just the clothes on her back. She now needs to recover some essential items from the home, passport chiefly, but doesn't know how to go about that given the undertaking.

I would be grateful for any advice - should she go via a solicitor or via the Police for recover of items. Do undertakings extend to third-parties i.e. would they prevent friends of both parties from contacting her ex to ask for the items she needs.

All this has happened very quickly, she is not in the best place with her mental health and has found it hard to communicate with her legal reps and understand the outcome of the hearing fully. For instance, she doesn't know the process or detail of the undertaking, does she have to sign a document to accept the undertaking? Will that document come to her from the Court or via her solicitor? Will that undertaking list all of the things she is not permitted to do?

Most grateful for any advice.

OP posts:
Collaborate · 07/05/2021 11:27

A third party can contact the ex on her behalf. But check the wording of the undertaking in case that itself is a breach.

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