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mother has mental i...
 
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[Solved] mother has mental illness.


Posts: 37
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(@ianandrew)
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Joined: 12 years ago

hi all hope u can help. I have my 1 yr old son living with me and my parents.i was his mothers carer as she was on the highest rate of diability all.due to her self harm,3 attempts on her life.and many other things.problem is i have been delayed getting legal .aid,so she has got a residency order in before i could.stating i gave her a serious injury and am an addict.both untrue.the date is the 2 april and i worry in case the court does not ask for her medical records,can i demand this when i have the meeting with social workers before the hearing? many thanks

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(@Nannyjane)
Joined: 13 years ago

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Posts: 5426

Hi there 🙂

Do you have a solicitor? If you do then they will take care of asking the court for reports from the various agencies. Police, Mental Health Team etc

How long has the child been living with you? The longer the child has been in your care the more likely the court will be to grant you Residency.

Have you had contact with CAFCASS yet? These are the court appointed Social Workers whos job it is to make a report on both parents for the court.

Does the mother have a CPN?

If there are mental health issues then you will be able to highlight this to the court but its more likely that when CAFCASS do a report they will have access to all of this information so I wouldn't worry too much about that.

If she is accusing you of drug abuse the court may request drug tests, possibly on both of you.

I wouldnt start demanding anything if I were you, you will get a lot further by being calm and reasonable with all parties.

Its quite common for allegations to be made against a parent, if she has no proof that an assault took place the judge may disregard it.

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(@ianandrew)
Joined: 12 years ago

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Posts: 37

sorry what is a cpn?Icannot get any advice fro my solicitor until legal aid get back to him.This could take till very near the court hearing or maybe even after,this is why i feel so worried.We lived at my perants before she left,and although we have had the police twice due to the treats from her mothers boyfriend at our house and a relative he followed us to.the mother has not phoned or contacted us in anyway.Not even a card for babys xms and birthday.

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(@Nannyjane)
Joined: 13 years ago

Illustrious Member
Posts: 5426

CPN stands for Community Psychiatric Nurse and is the point of contact for people with ongoing mental health issues once they are discharged from hospital.

Its a good idea to start a diary and keep a record of everything involved with your child and the mother.

Dont worry about the police reports, the threats against you will help you not her and will be included in the police report. If the solicitor cant be with you for the first hearing try not to worry too much. We will talk you through what is likely to happen at the first hearing. The most important thing to remember is to stay calm and reasonable, dont bad mouth the mother and dont interupt when others are speaking in court. Before going into court CAFCASS should speak to you and you can tell them about the mothers history and request that reports are asked for. Also her solicitor will want to speak to you. You dont have to agree to anything and dont give them too much information either, if you are feeling intimidated then you can just say that you are ending the meeting and waiting to see what the court decides.

If you have any questions just ask 🙂

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(@ianandrew)
Joined: 12 years ago

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Posts: 37

I know she was seeing a therapist before moving here.She only went to the dr for her perscription,n she kept very few appointments during her pregnancy.i think its her mother is pushing things,as said before she neve showed any eelings for baby.

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(@ianandrew)
Joined: 12 years ago

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Posts: 37

hi,i have been told it will be unlikely that my legal aid will come in time for hearing on 2 april.They r bogged down with claims.Could you explain about the cia form i have recieved from her acusing me of dv and drug taking?Do i fill in te back of it adding a letter saying it is all untrue.do i then have to send this to the court along with the notice of proceedings? also do i need to fill one of these in myself regarding her abuse towards me?If so do i also send my cia form As well as sending a copy to her solicitor.Sorry we have read it over and over yet still dont understand.Iam going to look as you said to the representing yourself in court.hope you understand what i mean.many thanks

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(@Nannyjane)
Joined: 13 years ago

Illustrious Member
Posts: 5426

Havent you sent back the C7 acknowledgement yet, its usual that this form be sent back no later than 14 days before the hearing. Your solicitor should at least have advised you about this regardless of whether your Legal Aid certificate is through or not.

As far as the C1a is concerned there is a section that allows you to respond as the Respondent (thats you). When you got served the papers from your ex you would have received copies of C100 and C1a if she put one in with the C100, C7, C9 and Notice of Hearing.

I think the best thing to do is telephone the Court help desk and explain that the first hearing is on 2nd April, you have been waiting for Legal Aid to be granted but it hasnt come through yet, and your solicitor hasnt advised you that you needed to send anything back into the court. tell them therefore that you havent sent the C7 acknowledgment form or C1a reponse and ask what you should do.

You dont have to respond to the C1a at this point anyway, you can do that in court. But its important that you contact the court office and ask them what next step you should take. Do it today!

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(@ianandrew)
Joined: 12 years ago

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Posts: 37

Have rang them they say the delay was her solicitors fault not mine,so we can take it in the thursday before we go to court,i have also just heard the solicitor will go thro the forms with me on thursday morning,after i explained the reason i dont have legal aid is because they have had since beg of january and have only recently sent for legal aid.They said they had a waiting list of 4 wees and i asked why they didnt inform me of this as i would have gone to another one,Feel at the moment that im not getting any where but thank god your here.

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(@Nannyjane)
Joined: 13 years ago

Illustrious Member
Posts: 5426

I know how you feel....try not to get too stressed out about it all. You've sorted out the confusion over the forms and the solicitor is going to go over them with you, so you have achieved something today and things are back on track. 🙂

All you have to do now is prepare yourself mentally for the first hearing and get your suit cleaned.....dont worry if you dont have a suit though, just make sure you are smartly dressed....no jeans and T-shirt! 😉

Now take a breather and go out and do something that will help you chill out!

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(@ianandrew)
Joined: 12 years ago

Trusted Member
Posts: 37

You have been such a help,and i think mum and me can have a decent nights sleep tonight.Thank you so much.

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