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Hi,
I have a NMO hearing on 29/11 and wanted to know if I could attach a position statement asking for interim contact? I also wanted to ask for a hair strand test but wanted to know if doing this seems malicious? The context for me asking for hair strand test is that Cafcass had suggested the test in section 2 safeguarding report and I had spoke about her substance use in C1A(with social services report highlighting it in 2017). Ex is currently on a suboxone script(substitute for heroin) so it is a real issue for me. Cafcass in section 7 report also noted that my son had gone onto the child protection register last year due to ex substance mis use. However during FHDRA I did not include this information in my position statement or ask for it in court as I presumed as Cafcass had recommended it in section 2 letter,it would naturally happen....I have already emailed the court about this a few weeks ago and the court responded that this would need to be asked for at court under a direction.
With regards to interim contact,the context is that there has been a section 7 completed which recommends contact from Friday pick up from school until Monday morning, drop off at school every other week. There is also guidance to alternate Xmas, birthdays and important occasions and other pick ups out of school term could be facilitated at a neutral venue by a third party. I have also made a formal complaint to Cafcass in that they did not disclose important information in section 7 but we will see where that goes...
As folks would have seen in other threads I have been contacted by ex's solicitor offering me to keep to the terms of NMO order, and that i can start picking up my son from school today(Friday) until Monday, then every other week up and until the next court date. They also helpfully suggested I should take an undertaking for NMO which was quite frankly ridiculous-I have police , social services, school and Cafcass reports which are really positive about me and as a father and they are all independent. I also have a ton of other evidence and section 7 states Cafcass believe I did not hit my son and he never mentioned it. However, they think I am stupid and will accept an offer as the walls are closing in-no I wont. I have waited 6 months so bring it on.
For the record, some of the terms of the NMO order states that I should not come within 100 meters off school, except without permission from school authorities
It also says I should not instruct anyone to do anything in that order.
I am also not allowed to go within 100 meters of ex or her house.
All of this information by letter was received under the heading 'without prejudice' which means I cannot use it in court.
I originally agreed to the offer and emailed back explaining that I would ask a close family friend to pick up son as I did not want to breach NMO. I was desperate to see my son but was made aware that instructing someone to go to school was still a breach so I then emailed ex's solicitors back turning down offer. They emailed me yesterday, (not aware that I had sent a further email to first response saying I did not accept offer) saying that ex was not in agreement that someone else could pick up my son and it had to be me(considering she had said I had been hitting my son around face and head what a change!!) Anyway I responded that I had turned down offer and would not communicate further until court hearing.
With all this in Mind, I wanted to use a position statement to ask for interim contact starting the weekend of 30/11 from Friday until Monday. Obviously I cannot speak about their offer but seeing as they already made the offer I do not think they would oppose it. Can I do this at NMO hearing?. I do believe the NMO hearing will find the allegations false as the evidence is clear and independent.
What do people think about asking for hair strand test(important) at this stage of proceedings? Cafcass say in section 7 if ex is using drugs this would be detrimental to parenting so there is still appetite for this to be resolved. However, I do not want to annoy the judge and seem petty-thoughts folks?
You can prepare a brief, two page position statement to take with you to the hearing, where you can ask for the things you've mentioned to be considered. However, the judge may ask that you make a new application to deal with the child arrangements... there's no way of knowing which way he will go, but it's worth asking.
Have a completed C2 form with you, that way if the judge instructs you to make a new application, you can then ask him if he will accept the C2 at that point.
Have you read the link about without prejudice that I provided on the other thread? It's interesting and I do feel that her solictor has overstepped the mark by using this in regard to child contact. It might be that the judge will agree to see it, but again, I think it's worth asking.
Thank you Mojo. Great advice as always.
I will definitely bring up without prejudice issue in position statement without revealing what they asked. However, I will suggest it should not be used in family proceedings and could be deemed as misleading. By asking me to attend school when aware there is current NMO terms in place preventing without direction from judge can be only this. To put at end of letter they are prepared to accept an undertaking and happy for NMO to be discharged is cheeky at best. The information below concerns without prejudice and surely the solicitors statement to me during negotiations is intended to act leads that other party to so act to his detriment.(I would breach NMO and this would not be in the interests of my child) Indeed the police told me I would be breaching this order.
to show whether an agreement has actually been concluded; (ii) to show whether a concluded agreement should be set aside on the grounds of misrepresentation, fraud, duress or undue influence; (iii) to show estoppel (where a clear statement made by one party during negotiations on which the other party is intended to act leads that other party to so act to his detriment);
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