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Hi folks,
I have submitted my c100 and c1a forms last week and have been given a date Wednesday next week things are moving really fast and I'm doing this alone.
I will start with that I already have a residence order in favour of myself for my 5yo son from a different relationship but I'm finding myself in a completely different situation, my first ex had mental health issues and moved a long way away and one of the reasons were to keep the siblings together 1yo daughter.
Anyway I was with my ex for three years and she was with me through my first residence case but this was before legal aid changes and I had a solicitor do a lot of
The leg work for me and I just signed statements etc...
But this is how it goes, my ex has a drink and drug problem and although in the beginning of our relationship this was not the case but over the years it's got worse and worse and it all came to a head last week and I finally said enough is enough upon doing this my ex has cut of contact and would not speak to me and moved our daughter to her moms (who is bed ridden disabled) and her father an alcoholic I cannot go to the property because upon this happening she has contacted the police and told them that I have smashed her phone (not true) but I have still been charged with criminal damage and because I have sent/called a total of 22 times asking about contact and threatening court if she does not discuss the police have said this amounts to harassment which again I have been charged for and I now have bail conditions not to contact, or go to although a 3rd party can talk with regards to childcare arrangements but still she will not allow contact and refuses to allow me any time at all with my daughter.
I have requested a residence order, prohibited steps order (threatened to run away with her) and a specific issue order for supervised visits until such a time she is no longer a danger to herself or my daughter, upon requesting these to be abridged to 48 hrs the judge has issued the prohibited steps order for my daughter not to be removed or taken out of England and Wales but that is all so far.
I have videos and pictures of the drink and drug abuse but SS and Police will not look at it and have deemed no safeguarding issues from one sight and safety visit at her grandparents house.
I'm going to court on Wednesday next week 16th Sept and I have also been bailed to attend mags on 8th Oct she's told a pack of lies to the police and I can in fact prove that it was her who smashed my phone and that the rest of the statement is lies so I'm not worried about that but I really need to know what to expect from this first hearing.
I don't want to take my daughter away from her mom forever I just want mom to get better and sort her issues out as I've returned home from work on many occasions and she is completely hammered passed out with our daughter just playing with her toys (I thank every god there is nothing has happened) but it literally only takes one time for irreversible damage to occur.
I have asked the court on the forms to blood and hair drug/alcohol test my ex
What are the chances that the court would place my daughter in my care until such tests and evidence has been gained?
What should I do to prepare and what can I ask the court to do?
I'm sorry if I've missed anything feel free to ask any questions all help is greatly appreciated including criticisms etc I know she is going to make counter allegations of the same nature although I'm more than happy to provide drug and hair testing as I don't drink nor do I take drugs
I don't want to go into court and make an idiot of myself or screw anything up
Hi there and well done for getting this into court so quickly.
As far as your chances of getting an interim order for her to live with you, it's just too difficult to say. Courts vary so much and it really is down to the calibre of the judge on the day.
All you can do is present your case as well as you can on Wednesday. Perhaps prepare a brief position statement and attach the photos that you have as evidence, if possible you could transfer the videos onto a disc or dongle that you could also make available to the court.
As the authorities have already deemed that there are no safeguarding issues where your ex and child are staying, this may make it more difficult to get an interim order in place, that's not to say the court won't go for this.
Best of luck
One quick comment - you say you don't want to take your daughter away from your ex, just for her to get better. I'm afraid, speaking from personal experience, unless you ex positively wants to get better (and you'd know because she'd have sought help), it isn't going to happen, so you really need to work on the basis that she's not going to get better, and might get worse.
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