I’ve just had to withdraw my C100 as my ex partner had Legal aid and we were due for a Fact Finding Hearing. CAFCASS report contained factual inaccuracies about my criminal record (all years ago) I’ve complained formally but I was onto a heavy loss. I felt completely out of my depth and had been quoted minimum 5k to fight the case.
I’ve managed after some time in contact centres to get agreement that each Saturday I can have my son outside the centre for the day as long as another adult collects him from his moms house. (I’m absolutely delights we got there as I had 3 months of no access at all).
My question is can my mother and sister put in an application to have him overnight? My sister is qualified in child safeguarding and has had my son overnight when he was a baby (currently 13 months), she also had her own son and no record or issues with social services. Their point is the case was all about my previous relationship (she claimed emotional domestic abuse) and alcohol (I failed that test). Neither of them have that hurdle so if they have complete responsibility during the overnight stay, what are their chances?
The reason overnight is what I’m pushing for is she moved 150 miles away so I’m travelling every Saturday and have kept to that. If I lived local I could have a lot more access but the cost of travel and then finding a place to be for the day is draining my resources and resolve.
If they apply will it be seen a workaround or will they be viewed well by the courts.
Any help appreciated. My ex also said if I do a completely alcohol free report (hair & blood) she’ll let me have him overnight. I can do that test in April and will stop drinking all together now.. but this is outside court so she could just ask whenever and withhold access if I’ve had 2 pints at a Christmas party..
i'm sorry to hear you withdrew the application. the quote you got, was it from a solicitor? they tend to be lot more expensive. you should consider direct access barristers. direct access portal
my case cost a lot of money like that. it did not involve drugs/alcohol tests, but in the end i got overnights and that was only reason why i went to court. it was refused by ex. i can't put a price tag on seeing my kids.