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Good Morning Everyone,
Just had my Directions Hearing on Wednesday @ Northamptonshire Magistrates.
Was creeted by the CAFCASS Officer who had little to tell me other then my Ex's concern over my SUPPOSED excessive drinking alogations. At this point I did not think that telling her that I had a letter from my Doctor regarding my excellent health in mind and body and a letter from the Blood Donation Service listing all my donations as recently as the week befor my appearance at court.
Then her solicitor appeared, 5mins befor us due to go befor the bench!! The first thing she said was that they were going to go for a transfer to another court that is nearer the child. Reason being the same week as I served papers to my ex was the week that she decide to "up sticks" and "do a runner," to be outside of our area with our boy.
CAFCASS have no option than to suport this.
She then went on to say that my Ex wanted to have a Hair Strand Test, at that point I nearly fell about laughing. Of course I rejected this and told her I would be saying that to the bench.
OK, the initial, Hello's, dealt with we all were led to Court 3. I asked the Clerk of the Court if I could bring a companion in with, he left us at the door of the court to seek permission from the "beak," the answer was NO. My companion was my brother in law, on my side of the family. If this had been a Mckenzie Friend I am sure he/she would have been allowed in. At that point I thought all the horror stories on the web were going to come true for me as I thougth this was going to be an "aggressive" court who were all against Fathers.
Could not have been further from the truth. Upon hearing a brief account of the happenings from me, CAFASS and her solicitor, they rejected the Hair Strand Test, Ordered that I have contact befor 18th December 2012, albeit at a Contact Centre for 90mins. every fortnight, that I take a Liver Function Test and the case be transfered to Peterborough County Court.
******************************LEARNINGS*********************
1. If your ex is in other part of the country file papers near her. It will save time in the long run.
2. Unless you think that your ex has rock solid evidence to support drug use, reject it completely.
3. Liver Function Test - I asked the question twice, "Upon what basis do you request the test"? It seemed to be sidestepped and we moved on to another topic. Despite the evidence that I had from the Doctor and Blood Transfussion Service. The Magistrate even said to the CAFCASS Officer, "all blood is tested when you give blood", but the Legal Advisor, interuppted to say, "Are you going to go against CAFCASS"?, At that point they susspended proceeds, left us all in the court and came back 10mins later to deliver all of the above to us.
Had I had my time again on this point I would have demanded the CAFASS Officer produce some evidence to support the test request. However, I get the feeling the these people are a law unto themselves and they can do what they want.
I now await a date from Peterborough County Court, will be going for the test this week and now researching Contact Centres.
Hope my experiences will encourage and help some of you here.
Brian
Liver function tests can be quite expensive. Assuming there is no need for one (ie you don't drink to excess), I would be inclined to consider that you say to the court that this is not necessary, but if the court is playing it safe, could the court order that assuming it comes back normal, then the test is paid for by the mother as it is simply a delaying tactic/malicious allegation. may not work, but it shows that you have nothing to hide and shouldn't be financially penalised by an ex's lies.
Hi Bri Thank you for the info, we are going on Thursday for the direction, and its in the mothers area. My son gets unsupervised contact 2x7 hours a month and shes moved 100 miles away we are going for overnight stays to be added on due to the distance and all control to be lifted, not allowed to bring her home , got to wonder around for 7 hours
When you said( Upon hearing a brief account of the happenings from me) without going into to much detail what did you mention, we are thats me and my son are expecting the mum to mention weed , even though he no longer smokes it and she knows it, Thanks
I have always been open with the fact that I like a couple of drinks at the weekend. I actually said this to all 3 Magistrates. Your thoughts are my thoughts. When it came to the test I said since CAFCASS have not ONE SHRED of prove that the child was ever at risk whilst he was in my care; what would the motivating factor be to them DEMANING a Liver Function Test? This I'm affraid will them be airing on the side of caution and just taking the Mothers word for it.
I did bring up the subject of the mother paying for the test. To which her solicitor replied, "since I was the one bringing the action, it would be my responsibility". The bench agreed.
Regards,
Brian
I seem to remember that I got the fact that this was my 5th time of being banned from seeing my son in less that 2 yrs. This together with the fact that CAFCASS only have an alleged drinking problem at the weekend, to think about ( without ONE SHRED OF EVIDENCE); I guess made this easy for the Magistrates to initiate contact immediately.
Also, this may help. When me and my companion arrived in the waiting area of the court we were the only people that arrived with a suit and tie. This coupled with the fact I had my "bundle" ( a formal legal term for all my papers) neatly in two files.
When I checked in with the Clerk Of The Court, he had a list as long as his arm of Dad V. Mother cases. These just cannot be mothers pursuing fathers for maintenance, YOU ARE NOT ALONE. Be reassured.
As to the weed alogation, I am in no way legally qualified in any regard, but I would assume, based on what I have read on internet forums and heard from other people that CAFASS will take the mothers word for it, and insist on a hair strand test. But as you have said you and your son have nothing to worry about. So when you go back to court for the 3rd hearing you can reassure the Magistrates that this was a blatent attempt at delaying contact.
I do hope the court will see that your son has developed a great realationship with his child, in the brief periods your son has been allowed contact, and it is time to move things on, so that a more integral bond should develope and the child gets to know more of it's identity from your side of the family.
Please keep us posted.
Brian
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