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[Solved] Courts & Hair Strand Testing

 
MAG
 MAG
(@MAG)
New Member Registered

Hi,

ADVICE PLEASE,

In April 2016 my child was placed under a 12 month care order to live with her mum, with me having regular unsupervised contact for one day fortnightly.

In August 2016 I left the UK to live abroad but have always maintained contact, travelling back to UK for alternate weekends.

There have been absolutely no problems but due to Local Authority cock-ups and a massive turnover of Social Workers (12) the LA never went back to court to apply for the order to be revoked.

Approximately 2 months ago I instructed a solicitor to write to the LA and ask them to apply to revoke the order or I would make the application myself.

It went to court recently and the Guardian has objected revocation on the basis of 'gaps in evidence' (Social work records are not complete).

I had written & given my position. The LA are aware that I am no longer resident in UK.

To remedy the 'gaps in evidence' the court has 'ordered' hair strand tests for excess alcohol for both parents. We are both sober for over 3 years. They have further 'ordered' that I provide them an address (Why?) and I don't have one (I travel for work), and that we both attend the court next month (I can't - I'm out of the country).

I feel like I've been caught in a timewarp & due to LA mistakes all the positive advances of the past 2.5 years count for nothing.

If I were to go back to UK at present I would lose my job (Short term contract) and further wouldn't have anywhere to live. I don't even have a GP to enable the tests (They've asked for an address). My work contract is up for renewal at the end of December 2018 so I plan to be in UK at Xmas.

I've sought legal advice but so far it hasn't really provided any useful direction.

Does anyone out there have any similar experience and could offer some sound advice please?

Thanks in advance,

MAG

Quote
Topic starter Posted : 23/08/2018 1:36 pm
actd
 actd
(@actd)
Illustrious Member

I'm guessing here, and with the complexity of this, I'd really recommend that you get processional legal advice. My gut feeling is that you continue with the contact as it is at the moment, and apply for the order to be revoked once you have a permanent address - I suppose the question is, what is the advantage to applying now rather than later, and if none, then why go through the trouble and expense of applying at a bad time.

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Posted : 24/08/2018 2:01 am
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