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Attended court this morning for FHDRA & Non molestation cases combined. So frustrating and really disappointing.
i was there early, well prepared with lots of paperwork. Ex attended just before court start time and spoke to Cafcass (as she missed initial phone call) She also had mother and solicitor present (legal aid due to false DV claims ongoing?) Cafcass ask to speak to me and explain they are opposing contact as ex has made all series of allegations about me hitting her and my child. I explain that we are due to have a fact finding that will clear me as i have lots of evidence, including social services citing me as a protective factor as do the school.She is not aware of non molestation order running separately and says she will speak to the judge..
The judge calls us in and says she was not aware of order for non molestation case and then says she did not receive my response and exhibits. i explain that these were hand delivered to court with my position statement for the separate case all clearly marked. judge adamant she had not revived them but i had a spare copy that she accepted...
Judge has made order for section 7 reports with hearing at end of October. This will be followed by non molestation hearing in November.. No contact , not even a contact centre. I also meant to ask for hair strand test for ex (previous heroin user) but did not as i forgot. Can i ask for this after next hearing, maybe extended to 12 months?
Feel deflated, cafacass had gave me a decent report saying parenting should be shared but cafcass officer at court took exes side with no contact at all and no mention of hair stand test. I have had my son every weekend for 8 years plus at least one evening in the week..The law is a mess guys. Hopefully the tide turns as the reports should all favour me as i am providing the truth. However,it is now going to be 5 months without any contact-just plain wrong and hard to take.
I somehow doubt that you can write to the court to ask for a hair strand test, I would think that it would have to be decided at the time. However, hopefully someone can advice whether this is the case or not.
However, I would add (unfortunately, belatedly) that for the next hearing, you have a sheet for your own use, with bullet points of everything you want to raise with the court. That way, you shouldn't come away and realise you have forgotten anything.
Thanks for taking the time to respond actd.
What threw me was the turnaround from Cafcass who had written in safeguarding letter about possible requirement for hair strand test.
Unfortunately the cafcass officer at court disregarded everything that was included in safeguarding letter and went with the ex on everything.
To be fair, I am not sure there was much I could do. Cafcass spoke to ex(who had missed phone call but made no difference-worked out better for her) and afterwards she then called me in to say we were going into court and I had no time to respond.
When the section 7 highlights issues(which it will) I will see if I can get a hair strand test, if not then I will have to let it go.
If you seriously think she is still likely to be taking drugs, I would definitely mention it as it is something that is definitely relevant. You need to think what you will tell the court as to why you didn't ask for it the first time, so that they don't think you are dredging up any excuse you can.
Thanks actd.
I appreciate the responses.
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