[Solved] Primary Carer

Hi,

Was back in court again this week. Judge didn’t order a fact finder due to the reality that’s as parents we both agree the children should spend significant time with each other and that is also the wishes of the children. I argued that a fact finder would not be in the best interests of the court and it would be a lengthy waste of resources.

My main concern is her drug use and specifically cocaine. Her concerns are around alcohol for me but when she was ordered to do a hair sample test going back 6 months my ex shouted out that I should be doing one also. I agreed and we are back for a dispute resolution hearing. Cafcass also didn’t do their review so they now need to put across their recommendation although I have a residency rec already from ss.

As the order was being drawn up my ex approached me outside court and said she would give me joint residency if I was to stop all proceedings as she had lied in court and her hair test will she up positive. I said she needs to go to rehab and if she does then I will stop proceedings but she refused saying she doesn’t have a problem.

What if she misses the drug test? I have already organised mine and samples being taken next week (mine will both come back negative) and I do not believe she will make herself available for hers. Her will the court look at this?

I can’t beleive it is still going on as she hasn’t engaged with any of the professionals so far and I firmly believe if this was the other way round I would now have lost residency of my children.

Thanks for reading

If the court have ordered the drugs test and she doesn't do it, she will be in breach of the order and they will tell her again that she has to do it.

I agree that a fact finding is probably a waste of time and resources, she really needs to do the drugs test and engage with the professionals. The drug test should be able to tell if she's a heavy user or not if it's a hair strand.

In your position statement for the next DRA, include the offer outside court and the reasons she gave.

I agree with Yoda, courts will often be seen to drag their feet, the process is slow, it it often more to do with covering all bases to avoid any risk of appeal because procedure wasn’t followed.

As long as you fulfil the courts directions and provide them with a strong statement you are doing the best you can... have you been asked to file one?

As mojo has mentioned - if you have been asked to provide a statement before a set date, do comply with this and include the info as previously discussed.

If you haven't been asked to provide one, you can prepare a brief position statement to take with you on the day of the next hearing.

Here's some links to info about how to structure statements and also a template that you can use.

www.thecustodyminefield.com/flapp/positionstatements.html

Template ~

http://media.wix.com/ugd/69743a_6f5457e9a07b43ae9dcb67ef4be27cf2.docx?dn=Position%20Statement%20Template%20with%20questions.docx

www.thecustodyminefield.com/flapp/statement.html

www.mfjc.co.uk/home/mfjccou1/public_ftp/...ldren-March-2013.pdf