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sleeping arangements help

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(@tryingdad2boys)
Eminent Member Registered

they carried out a section 7 in my original COA hearing and everything was ok they asked me to do a drug and alcohol test to which i said thats fine as long as the ex pays as shes the one accusing me and it was thrown out because she couldn't afford it,
the safeguarding letting thats come through from caffcass it says she has raised these issues, that im on drugs, that iv lost 2 jobs in 2020 due to drugs, that she can smell alcohol on me when i pick/drop off the kids, the sleeping arrangements as above, that the kids play out in the the road, and that my partners son bullies my kids.
all of these are lies iv been with the same employer for 2 years now, i dont see anything wrong with the sleeping arrangements, the kids play in our garden not on the road and my partners son doesnt bully my kids they all argue sometimes but ex is taking it as bullying.
caffcass has advised court for drug and alcohol test which im fine doing but same as before i wont be paying for it, and to carry out a section 7 which can take up to another 12 weeks great, and to allow only supervised visits for now but as shes only allowing her mother to supervise and shes one of the problems i cant even get to see them.
it doesnt looking like il get to see my kids till at least june or july i really hope that when they judge finds out everything she is saying is lies that he really goes hard on her but they probably wont and she will do it all again.

im not with a judge or magistrates my letter says its a gatekeeper meeting with legal advisors and the bench

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Topic starter Posted : 23/02/2021 2:52 pm
(@warwickshire1)
Prominent Member Registered

I would say about alcohol and drugs test that your ex pays for it and if it comes back that you do have an alcohol/drugs issue the court can order you to pay for test. Its basically politely calling your ex a liar without saying it.

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Posted : 23/02/2021 3:55 pm
(@tryingdad2boys)
Eminent Member Registered

i already have a toxicology report from my previous job to the one i have now as the ex rang up both mine and my partners work claiming we was on drugs and alcohol to try and get us both sacked, tests for both of us came back negative do you think i should bring this up?

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Topic starter Posted : 23/02/2021 4:30 pm
Yoda
 Yoda
(@yoda)
Famed Member

yes I think you should bring this up.

Bench = magistrates.

I think it's very important to stress to the court that these allegations have been dealt with in the previous proceedings and many of these allegations can be disproven.

Magistrates tend to go with whatever Cafcass recommend and can often be quite weak in family proceedings.

Make sure you get a strong position statement pulled together for the hearing.

Perhaps you could get a letter from your employer stating your length of employment and mention this in your position statement.

Are you using a lawyer? It might be worth getting some help if you can afford to, even if it's just with your position statement.

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Posted : 23/02/2021 4:36 pm
(@tryingdad2boys)
Eminent Member Registered

i have got a letter from my employer today stating how long i have been with them and what kind of worker i am, this disproves her allegations,
i am representing myself i have got a position statement ready courts have said i dont need to send anything in just to reply to the allegations thats she has made on the next call hearing i have put down my concerns aswell so hopefully they will listen

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Topic starter Posted : 23/02/2021 5:01 pm
Yoda
 Yoda
(@yoda)
Famed Member

Given that you had a recent (ish) Section 7 report, it would seem a waste of resources to repeat the process if her allegations have already been dealt with in the previous proceedings. Hopefully the court will see sense.

Best of luck and let us know how you get on.

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Posted : 24/02/2021 2:53 pm
(@tryingdad2boys)
Eminent Member Registered

So we had the hearing infront of a lay bench on the 17th march they said first off they would normally hear from the party that applied fo the order 1st (which would be me) but they are goin to do things differently, they went straight to her solicitor who absolulty ripped me to pieces brought up everything he did in the 1st cout hearing when we went for the initial order that all got thrown out last time,all my prep work didnt mean a thing as when it came round to asking me the hour allocated time was almost up so nothing i said was taken into consideration i didnt get listened to at all, a drug test was orderd the samples have been taken this week and another section 7 has been orderd next court date is in june (so i miss another one of my boys birthdays) and it states i cant seen them till th next cout date and then it will be supervised by her mother untill it comes to a conclusion, i told the court that i cant have anything to do with her mother but they have litterally ignored me n taken in all her lies, by the time june comes i wouldnt of seen the kids for 10months 

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Topic starter Posted : 03/04/2021 6:50 am
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