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Hi guys,
New to the website and read some very helpful advice regarding my situation. Looking for further tips from people in or have been in a similar scenario.
So my first telephone interview is next week and court appearance next month.
My child is almost 2 and has very complex medical needs. During his short life he's had a numbers of operations on his bowels and has always been fed through a machine straight into his stomach.
I was there during pregnancy and for all operations and hospital stays/visits. Things between myself and the wife didn't work out due to mainly the stresses this brought.
This was around 5 months ago, from the very first day of break up my wife wouldn't allow me access on my own with my child unless I was sleeping over at the hospital with him (as that suited her and allowed her to go home and sleep).
I would see my son on evenings and weekends (as he lives 300 metres away) but my time was being shortened as the weeks went by. After numourus rows contact stopped completely.
I would text on a daily basis asking to see him and never hear anything back until the police came knocking at the door issueing an harassment letter due to 'unwanted messages'. (Non violent)
I ended up in court and have a restraining order preventing me from contacting now.
I have since early teens suffered from mental health issues.
I also turned into a bit of a binge drinker during the difficult periods. Not regular but if I had one drink I would have ten.
I know mental health and the drinking are going to be thrown at me and looking for advice on how to present myself?
I know longer drink in that way and barely at all unless it's a social one with a friend.
The mental health will be difficult to explain to them as I don't fully understand it myself.
Finally, I haven't been kept upto date with the progress of my sons condition over this period but had many people tell me he's back and forth from hospital as the wife loves the attention social media brings when she updates soppy statuses.
Is there a way I can request to be instantly updated on his medical situation?
Thanks in advance for any advice.
Hi There,
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It sounds as though with all of the issues you have really been through it.
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I don't know enough about non mol orders to give you good enough advice, but I do know that the start of the process to seeing you child is to apply for mediation, you would discuss things on your own with the mediator and they would decide if that option was the right way to go, if they decide it is, then they would contact your ex and you would discuss things with the help of the mediator to try and come to an agreement.
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If mediation isn't the right option or it fails then you would need to apply to the courts for a child arrangement order, they will need to discuss your drinking and your mental health, so it would be worth stopping drinking all together so you can be clear and clean with no risk of relapse, You could also ask for a mental health assesment to be done before hand so that if you go to court you can present the report at the first hearing, this would save time in the long run.
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It's worth noting that mediation may not be an option at all due to the non mol order, I'm not sure how they cover it, hopefully others will confirm this when they are on line.
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GTTS
Hi there
The best advice I can give with regard to the CAFCASS interview is to be open and honest with them, keep your conversation child centred and don't attempt to badmouth the mother.
Tell them that you were only trying to arrange contact by texting once a day and meant no harm whatsoever by it, but due to your sons medical condition you were quite desperate for news about him and felt he would be distressed by having contact with you stopped.
As far as your mental health issues, one in three of us will suffer some kind of mental health issue, try and keep calm about it and explain that you function well regardless of it, if you are not currently on medication this will help to show that you are in control of your situation...but don't worry if you are currently receiving help for it as that shows that you are managing it.
If you have stopped drinking you can go and see your GP and ask for a Liver function test, it only requires som eblood taken that they then test to ascertain alcohol consumption. Again be honest and say that when you first split you did binge drink but you soon realised that wasn't the answer and it is no longer a problem...if you have arranged a blood test to prove this tell then, if you haven't tell them you would be happy to have one to show that it isn't an issue.
If you are named on his birth certificate, the mother should be keeping you updated on his condition. Mention this to the CAFCASS officer and ask if there's any way you can receive information about his ongoing medical condition without breaching the restraining order. Perhaps the mother could agree to you contacting a family member who can keep you informed.
All the best
Hi guys, again thank you for the replies.
A lot has happened since my cafcass interview which I thought went ok. I was very honest and clear and stuck to the task in hand I.e childs needs first.
Cafcass lady told me to contact the gp regarding my sons medical situation. They've told me they need proof if perental responsibility. Also they won't do a blood test or give me a mental health report until the court request one.
I received the apposing letter that her solicitors have sent to court and I'm truely deverstated. She isn't agreeing to any form of contact expect letter etc.
The situation has gone very sad as she's only now claiming to be a victim of physical domestic abuse. I'm going through a devotee and no where in those papers has she mentioned that.
I honestly believe she's done this as I went and bought my boys Xmas and bday presents and had them dropped of. The solicitor papers are signed and dated the very next day on from this.
I want to contact the police or something as I strongly disagree with these allegations but not sure what to do.
Asked for a call back from cafcass to discuss but haven't heard a thing in a few days and feel zero support from them right now.
Sorry for some reason my iPhone predictive text is way off when I fast type
Cafcass lady told me to contact the gp regarding my sons medical situation. They've told me they need proof if perental responsibility. Also they won't do a blood test or give me a mental health report until the court request one.
Hi
Medical practitioners are only obliged to (regularly) inform one parent (with PR) about medical issues. All persons with PR are entitled to ask for information (entitled to ask is not the same as entitled to receive).
To obtain medical information about your child, you should submit a "Subject Access Request" on behalf of your child for all personal data relating to your son and his medical treatment between Date1 and Date2.
The ability to do this is due to the Data Protection Act. More info about how to do this is here
https://ico.org.uk/for-the-public/personal-information/
Most NHS institutions will be up to speed about SARs - and should take them seriously and provide the information quickly. Many other institutions may not understand the DPA and may be reticent about giving you information. You can speed things up by providing evidence of PR when you apply (such as a court order, birth certificate, etc).
Hope helps
I expect you're right and the timing of this is because you sent the presents. When you're in court for the first hearing you need to refute the allegations but you need not elaborate in any way. However I would point out in a sentence that the allegations were made the day after you sent the presents. If the judge decides on holding a Finding of Facts hearing you should seek further advice. I don't know how likely it is a Finding of Facts hearing would be arranged and I don't have any personal experience of these kinds of allegations . "Facts" in the Family Court are determined on the basis of probability rather than proof beyond reasonable doubt. If there have been no previous reports to the police and no hospital or doctor's records and you don't have a record of any kind of violence then hopefully you will be able to find some comfort in that because that can only help you. I expect you're very worried and would benefit from contacting a Mckenzie Friend for further advice. I wouldn't do more than that at this stage. Don't be provoked into any rash decisions which might make you look hot headed. That will play into her hands. You need to come across as calm and reasonable in everything you do and say. That way her allegations will seem less credible. The Family Courts deal with very many false allegations. I hope that helps a little. Hopefully someone will be able to add more
Thanks for your replies.
Just read my last comment and realised just how bad my predictive text is.
I was suppose to say also that we are going through a divorcee which is separate to this hearing. The divorce papers were signed and issued to be 2+ months ago and doesn't state anywhere in them about abuse etc.
I'm hoping this will help my cause.
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