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Last week I lost my case in a county court for residency of my daughter. Around the start of December 11 my ex partner was orded to obtain a GP letter to outline the medical conditions of her depression and use of alcohol.
This letter was to be presented to the court before the 9th Jan 12. The final hearing took place last week. I only got a copy of the GP letter the day before court. It only covered her depression and nothing noted about her alcohol.
CAFCASS attended the final hearing and when said, I wished for the case to be adjourned so the correct letter from my ex GP could be obtained, they felt it was wasting the courts time. CAFCASS was happy with the letter and during the hearing persuaded a judge to grant my ex residency of my daughter to her.
I have since been informed by my ex partner they did not want to produce the GP Letter because she has Barretts Disease but did not say at what level and undergoing regular endoscopy for it. Barretts Disease can lead to a deadly form of cancer. She also has gastroesophageal reflux disease from her use of alcohol and from an eating disorder Bulimaia Nervosa.
I am wondering if it is too late to do anything about any off this?
If I can I will be self representing.
Thanks in advance.
Hi Flybe,
Sorry to hear about this turn of events. Unfortunately I don't have any experience in this area, but I'm sure one of the other dad's will be along with some advice.
In the interim, have you spoken with the Children's Legal Centre and asked them whether you can appeal against this decision?
FM '70
I have been informed that because CAFCASS made the recommendation and the grounds that they felt no need for mum to produce the GP letter on her Alcohol that nothing more can be done.
Wonder if the outcome would have been different if the truth about her underlying medical conditions were known to CAFCASS and the court.
Thank you for your reply.
Hi flybe,
Was your main concern the alcoholism?
Did you actually raise the alcoholism at Court as being a major concern?
There could be the possibility for you to appeal this.
Hi
I don't know the appeal proces in the family courts, but in criminal cases (just for comparison), appeals are only allowed if there was an error in point of law or substantial new evidence can be presented. I say this because in your case, I would say that there is definitely susbstantial new evidence in what you were told afterwards, so I would definitely say there is a good case for appealing.
I will ask the CCLC to pop on and give an opinion on this.
Hi
When I first went to court back in January 2011, the judge asked my cancers. I said the alcohol and the depression. I presented to the court documents my ex was keeping for her GP relating to her drinking and how much she drinks.
Before I self represented my solicitor refused to obtain any medical documents relating to her depression or alcohol. I got rid of him and done it myself. A judge made an order for my ex to provide a letter from her GP regarding the Alcohol and depression. The letter from the GP was only relating to her depression. It was presented a day before court and I had no time to do much about it. CAFCASS deemed this suitable and the judge went with there recommendation.
Would be nice to see if the new information can be submitted. Or would it be classed as hear say.
.
Thanks all for your comments.
Well, at the moment it's hearsay, but hopefully it's enough that you can get a judge to order a proper report.
Dear Sir,
In order to appeal the decision an appeal must be submitted within 14 days of the final hearing. The court will only hear an appeal if the judge has made an error of law or the decision is obviously unreasonable. The other option is to wait for the order to come into effect, and if after a reasonable period of time it appears that the child is unhappy with the order, or the order is unworkable, an application can be made to the court to vary the order.
If you do require any further information please do not hesitate to contact us. Our contact number is 0808 802 0008. Our lines are open Monday to Friday 8am to 8pm. Alternatively we have a webchat facility which can be accessed via http://www.childrenslegalcentre.com between 9am and 6pm Monday to Friday.
Yours Sincerely,
Coram Children's Legal Centre
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