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EX NOT GETTING TEST...
 
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[Solved] EX NOT GETTING TESTS DONE


Posts: 136
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Topic starter
(@mjtefc9)
Estimable Member
Joined: 13 years ago

My ex has said that I am taking drugs and drinking all the time, I am not, but I think she is.
The court said we both need to have hair strand tests done and liver function tests, and have the results back at a certain date.

Mine all came back fine and I have sent them on to Cafcass and the court and her solicitor.
She hasn't had hers done !

What happens now? I'm the one who applied for contact and I am representing myself, I have done everything the court has asked but she has done nothing ? She also says she suffered domestic abuse, which is a lie, the police reports and social service reports all came back with nothing so the is absolutely no substance just her word !

Any advise what to say in court ??

She has stopped me seeing him since last October he is 2 next month, its horrible !


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(@Nannyjane)
Joined: 14 years ago

Illustrious Member
Posts: 5426

Hi there,

When are you in court?

I think you should give the court a call and explain that as far as you are aware, the respondent, your ex, hasn't had the tests done as ordered by the court and as you are self representing, is there anything that can be done? Also you could contact her solicitor and ask why you haven't received the results of her tests.

My feeling is that if the tests haven't been done by the next hearing, the judge will take a very dim view of this... and because you have complied with the testing and your results are negative this will go in your favour. She has been proven wrong about your alcohol and drug use and this will cast doubt on the rest of her allegations concerning DV, especially as there is no proof apart from her word.

I think the key word is patience here, you are in a better position because of her non compliance!

Just be yourself in court, speak from your heart and make a list of the points you wish to make. Always talk from the perspective of your son and what is in his best interests... How close you were, and how the lack of contact with you will be having a negative effect on him.

If she hasn't had the tests done then this could delay things so I would also write to the court before the next hearing and inform them that you will be asking for an interim contact order as your tests have all been returned negative. You will need to put the date and time of the next hearing in the letter and the case number.


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(@mjtefc9)
Joined: 13 years ago

Estimable Member
Posts: 136

I'm in court next Thursday, I live in Liverpool she is in London just hope she turns up!
I have called the court and sent them and Cafcass copies of emails and phone calls I have made my ex's solicitor.
Cafcass know she is not complying and said they would also inform the court.
Cafcass said think it will go to a fact finding hearing and that they will put it to the court I can see him 2hours in a supervised contact center every three weeks?
It all seems very harsh, I'm hard working own my home have no criminal convictions, don't do drugs and rarely drink.
I also sent both the court and Cafcass a copy of a text she sent me in May saying she was in Liverpool and she was going to let me take him for a few hours but something came up? Fathom that one out !?


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(@Enyamachaela)
Joined: 13 years ago

Honorable Member
Posts: 539

NJ is right and unfortunately Patience is the key word.

If she has not had the testing done, the Court will take an extremely dim view, and in my books she is doing that for a reason, she has something to hide!

Unfortunately it is all a process you just have to go through. Just continue putting forward your points calmly to the Court


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(@Nannyjane)
Joined: 14 years ago

Illustrious Member
Posts: 5426

Are you in court in London or Liverpool? If you get supervised contact, travelling to London and back every three weeks is a trek and a half! It will be worth it in the long run though, and he's worth it!


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(@mjtefc9)
Joined: 13 years ago

Estimable Member
Posts: 136

I'm in court in London, I don't mind the travel as long as I can see him, but they are saying that when they allow overnight contact, I should have him in a hotel in London the first few times?? Surely that's not good for anyone its only 2 hours on a train to Liverpool.


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(@mjtefc9)
Joined: 13 years ago

Estimable Member
Posts: 136

Can I post the letter CAFCASS have just sent to me on here ?

So I can get some advise ?

She is saying there was DV and that is a lie ! She is trying to do everything she can to stop me seeing him


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(@daver)
Joined: 13 years ago

Noble Member
Posts: 1020

Maybe not as I think its contempt if you make anything like that known outside those involved.

I guess nothing stopping you add excerpts.

Others may think differently.

Dave


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(@Nannyjane)
Joined: 14 years ago

Illustrious Member
Posts: 5426

It's best not to share this kind of confidential information on the public forum. Anything official that is to do with the case is strictly confidential, in reality as Dave says its contempt of court and can't be discussed with anyone other than your legal team or other parties.

I've sent you a PM.


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