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Hi,
I have recently had a section 7 meeting with Cafcass, where they could see heavy substance mis use from ex in social service reports from a year ago. They asked did I speak to the court to get a test done and I explained I had written it in C100 and it was again suggested by cafcass in section 2 report. Ex is still on script for heroin mis use. Cafcass worker was very surprised court did not order test at FHDRA.
I did not ask as I presumed as it was written down the judge would bring it up. I got a bit flustered and forgot about asking for test as the court were not particularly helpful to me and did not ask me if there was anything i wanted to add. However they were much more helpful to the solicitor for the ex, which for me is more about issues with LIP than a gender issue.
I have a NMO court date on 29th November and a directions hearing following section 7 on 19th December. My question is can I ask for hair strand test on either of these dates or has the boat sailed on this?
Is there a possibility I could put in position statement for NMO court date and request hair strand test? The NMO is ridiculous by the way and the allegations should be thrown out. I have multiple police reports and lots of other evidence.
Thanks in advance.
I would suggest that for the NMO hearing in November your position statement raises this oversight from the FHDRA and ask the judge to consider issuing this as an additional direction as it is likely to be relevant evidence in both sets of proceedings.
Also possibly worth asking if both sets of proceedings can be combined going forward if the NMO isn't resolved that day. Makes it easier for everyone.
Thanks for the advice Yoda.
I will follow this up.
Cheers
I would be inclined to raise this sooner than November 29th.
Perhaps request an early directions hearing - hair strand testing can be done in a week but is likely to take two to three.
Do you have magistrates handling the case or a District Judge?
Hi,
It is a deputy district judge who has heard proceedings so far.
How would i go about requesting this as i am LIP?
Thanks
Type an email to the Court on their standard "family address" - make sure you copy in her solicitor mark the subject
Case: XXXXXXX Attention DJ: xxxxx
I will do.
Thanks Justdad.
Hi,
My sons mother has had a hair strand test this week, which I paid for
I still have no final hearing court date but the result of test have been sent to her solicitor.
Do they need to file result with me and court, so i am provided me with the result before final court hearing or do I have to wait until day of court?
All court paperwork, and that includes the results from the hair strand test, which needs to be filed with the court, also has to be shared with the other party.
I would contact her solicitor and politely request that they forward on the results from the test to you at their earliest convenience.
Does it indicate on the order when the results from the test have to be filed by? A call to the court office would be acceptable if you don’t hear back from her solicitor.
All the best
Hi Mojo,
I checked the order and it requires them to file evidence of hair strand test by 22nd Feb. Thanks for the advice again.
Thank you
Definitely follow up with her solicitor if you haven't received the results by the 22nd.
Is it Cafcass or the local authority who are dealing with the safeguarding element of these proceedings? Hopefully the court order instructs her lawyer to also file the results with them.
Best wishes
Many thanks Yoda.
The Local authority are dealing with the safeguarding elements.
I emailed the judge who gave me extra time to file results of LA assessment of safeguarding concerns.
I had a home visit from social worker to see me with my son on Friday. She said she would call me today with news from assessment so I am awaiting call.
Thanks again
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