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I had a son with my ex partner, my son is now 8 years old. I have had regular contact since he was born - mostly being every other night from 6pm-8pm and stay overnight every other Saturday.
My ex partner has always been awkward but thats just the way it has always been.
Last year she got with a new partner - who at first i got on fine with seemed like a decent guy, bit strange but you know. Was happy for her as i had been with my new partner for 4 years and married last June.
Around September/October last year i heard along the grape vine that this guy was a heroin addict and dealer.I didnt believe it until i had a phone call from my ex partner to say this guy had beat her up, stolen my sons toys which inc a PSP which he had just had for his birthday and sold them for drugs, and they found dirty used needles in the shed, the police were involved and everything. It came out that he had been into heroin for years, to cut a long story short she said she would never get back with him etc etc. As far as i was concerned that was that.
About a week ago i got a phonecall saying that he was back living there and they were back together!!!!!!!!!!!!! I was fuming. I went down to pick my son up the next day, i went into the house looking for this guy when i went in the bedroom he was there holding a hammer to me. The police got called and they advised me to follow the correct channels.
I had my son that day and my wife took him back home. Thats the last i have seen of him. Basically she told i was not seeing my son anymore.
The next evening my ex partner and her daughter beat her cousin up, they dragged her in my ex partners house while the druggies son was holding her down.
This Sunday gone at around 8pm i had a call to say they were chucking everything into the back of a van and moving!!!
Devestated.
From when i found out i put a report into Social Services who cannot give me any information on the case as i do not have parental responsibility. I have reported it to the police and everything but noone seems to be doing anything.
So basically i have
- Reported everything to Social Services
- Reported everything to the police
- Visited my sons school teacher
- Tried contacting my ex partner for access
- Submitted forms to the court for parental responsibility, contact and residence order.
I just cant believe she is letting my son live with heroin addict and dealer, what does everyone think my chances are? or what do you think of this case?
I have got to represent myself in court as me and wife do not qualify for legal aid and we cannot afford a solicitor. My ex partner will most probably get legal aid as she is living off benefits, so she will have a solicitor.
I am going out of my mind with worry for my son and i dont even know where he is.
Any advice greatly accepted.
Hi Andy,
I will give some immediate advice later as can explain more clearly when I'm not using my phone. There are some very specific things you need to be aware of and I will post back later
Hi Andy,
Sorry just got home.
Right in response you have raised the correct forms. I would also consider a Prohibitive Steps Order too.
Prohibited Steps Order
This needs to be completed to highlight specifically that:
- Ex's new Partner has a Heroin addiction, and deals in it
- An instance arose whereby your child has been in danger
- There is a chance beyond reasonable doubt that other such instances of harm are likely to occur (citing the event regarding your cousin?)
- That the matter is of a nature so serious that Contact with this individual could pose a serious risk to your child
Clearly more than enough has occurred to warrant the above information. I trust you still have the Police incident report?
If you need any more pointers please feel free to post back.
Thank you for your reply.
Sorry i have not been on recently but appreciate you response.
Since my last post i have found out more.
The most frustraing thing is i have reported this to socail services - but cant find out anything because i dont have PR. It just feels like nothing is happening.
I have had the first date for the hearing for 5th April.
Do you know where i can find a Mckenzie friend?
Do you think i have a good chance?
Hi
yoji is probably the best person to answer your questions so hopefully he'll pop on in next day or two.
With regards to a McKenzie friend, it is possibly to pay for a McKenzie's friend, who should have specialist knowledge and would be much cheaper than a solicitor. However, I would make 3 points, Firstly, I have no knowledge at all as to how good they are, so you'd have to research more and get recommendations if possible. Secondly, I believe that the courts can refuse to admit a McKenzie friend - I don't know if they ever do this, or if so, how often. Thirdly, I believe that if you are sufficiently prepared for when you go into court, a McKenzie friend would add nothing at all to your case and might be a distraction to the proceedings.
Yoji has written a very good 'guide to representing yourself in court' at the top of the legal section - definitely worth reading
If you are the father and your name is on the birth certificate then that would you give you PR, if i am not mistaken?
If your son's birth was registered after 1st December 2003, then yes you do - before that, then no unless there is a parental responsibility agreement or a PR order from the court.
Hi,
McKenzie friends can be found using Families Need Fathers (usually offer some good ones local). Some specify you must meet their costs for travel) but the service is free.
π
Very good chance.
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