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Hi,
I attended directions hearing following section 7 report, that is now going to final contested hearing.
My son is now open to social services following a referrel from his school, following safeguarding concerns including non attendance at school(referred to EWO), mums historic heroin use, school say son has shut down in letter(since contact ceased following false NMO that was discharged after 6 months), son has now contracted TB..
I made a formal complaint to cafcass as they missed out all recent social services records, police diclsoures of DV,etc....
These are my questions..
I have until Jan 21st to file any evidence. Ex still has legal aid despite NMO being discharged so i presume they will continue to deal with court bundle?
What do people advice on what to do next? I have details of a solicitor that i was going to ask to draft a statement (is this a skeleton statement or position statement) but am confused whichever one needs to be filed before this date? or do i need to draft both types of statements for a final hearing?
Also the judge agreed to a 4 month hair strand test for heroin(opiates) and cocaine. This will be conducted in Feb 10/12th time, so in time for final hearing. Cafcass are not involved so i was informed that my sons mums solicitors will organise this and i will pay for it-does this sound correct? as i do not want any mistakes from me at this stage
Do i need to do anything else before final hearing, likely to be in march?
Thank you
Sorry, I missed this...
You will need to file a statement detailing what evidence you have, cross referencing it and attaching it to the back of your statement. I’ll get you some further info about how this is done, but you can start writing and collating a rough draft.
If the NMO has been discharged, she shouldn’t be entitled to legal aid. If you’re minded to you can contact the Legal Aid agency and ask them to look into this.i think I have the email address somewhere, I’ll look dig it out, if that’s what’s you want to do.
You only have to prepare a SA if you have been asked to do so specifically, does the order from the last hearing instruct you to file an SA?
Who informed you that they will organise the test and you will pay for it... what does it actually say in the order?
Statement template and also cover sheet for attaching evidence
http://www.nofamilylawyer.co.uk/useful-documents.html
It might be worth getting hold of the book, “The Family Court without a Lawyer” by Lucy Reed.
More info on how to compile a statement with evidence
https://childlawadvice.org.uk/witness-statements/
Here’s a good website with some practical , easy to understand advice on it, check out the videos and the section on representing yourself.
www.mfjc.co.uk
Thank you Mojo, your a star!
Hi Mojo,
I would absolutely like to contact legal aid office, so please send legal aid email if you have it. I had so much evidence at NMO hearing that she did not want to give evidence. these included police disclosures, where she admitted lieing to get an injunction against me before. I have been told that her legal team(who have acted dishonourably throughout) have made the claim she was scared to give evidence as i was LIP, which is their route to continuing legal aid-it is so so wrong and unfair.
At the last hearing i informed the judge i had more evidence but i am not sure what was said about statement if at all..
I did ask that social services, who are involved due to a referral by the school could feed their information into process but i will file their outcome of referral regardless.
With hair strand test, their is no cafcass involvement and as she has legal aid their barrister told me that they will organise test(for opiate/heroin and cocaine over last 4 months) around 10-12th February and i will have to pay. I am not sure what else i am supposed to do. Do you think i should contact her solicitors to find out what their plan is. I am not sure what usually happens. I agreed that i would pay for the test.
I have still not got the order so cannot be more detailed. I will phone the court during the week and take some notes so i know what is in order, especially around witness statement and test.
I do not want to make any mistakes, now i have got this far. I would presume i would need witness statement if i have lots of evidence, but i do get confused with the detail and admin required in hearings. I had provided my own statement and exhibits for NMO, so i would presume maybe similar is required.
I've copied and pasted the email I received from them, hopefully the email address is still the same, as this was 4years ago.
Thank you for your E-Mail.
I can confirm if information is received that calls into question the issue of public funding relating to either or both, the merits of the funded parties position in a case ,or their financial entitlement to public funding, then this will be investigated and any party who raises these issues will be advised at the end of our investigations as to whether funding is allowed to continue or if funded is removed. All such investigations are carried out by our Representations team who can be contacted on Manchester.representations@legalaid.gsi.gov.uk . If you wish to proceed please raise your concerns with them direct.
Thank you Mojo.
As always, much appreciated.
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