Child arrangement order - drugs test

[Simonex]

Hello I need some help about applying for a child agreement order.
I’ve currently stopped my sons dad from seeing our son as I’m concerned about his drug use. He claims to have stopped but I don’t believe him. I’ve asked him to do a drugs test and after a lot of back and forth (for about a month) he finally said he’ll do one but after he comes back from holiday which is on the 5th of November. I said that’s not good enough as he’s going on holiday in four weeks so has more than enough time to take it and has no other excuse not to. Also he knows he can’t see our son until he’s taken the test but he said ‘that’s fine keep him away from’ as if I’m doing something wrong. Yet wouldn’t you take the test, if you’ve agreed to take it, so you could see your child? feel like he’s just delaying taking it so his system clears as it hair strand tests only goes back as far as three months.

I was wondering is it possible to fast track a child agreement order so I can ask the court to make him him take the test before he goes on holiday?

[SandraF]

Hi Simonex, unless the case is urgent which may warrant an emergency application, you will be required to attend mediation. You can only be exempt from attending mediation if there have been domestic violence issues. As I write, you are able to make an application to the courts for CAOs, however, the listing of the case will depend on your local court's timetable. You could ask for an urgent hearing before a district judge, however, the application will need to pass the gatekeeping stage. The clerk will then make a decision whether or not your case warrants an emergency hearing. This is the decision of the courts and no one else. It is highly likely that the court may not see this as urgent because you have now removed the risk, i.e. the children are not attending contact with their father so the risk has been removed and they are no more in danger, until the hearing date. Hope this helps and keep us updated so others will learn from the forum

[Simonex]

I have applied for the court order, sent off the c100 form and paid the fee. Cafcass has gotten back to me via the telephone to confirm a court date which is in November. As you said because I have stopped contact it is not deemed as urgent.

I don’t think the court has contacted my sons dad yet. I’m asssuming this as I have been contacted by a solicitor working for him. He has sent me a proposal of contact on Monday (17/09/2018) through email and by letter via recordered delivery, and said I have to respond in 7 days. I have only replied to the email to say I have received it and I will respond in due course.

I wasn’t going to respond to the solicitor at all and wait till the court contacts my sons dad. I wanted to keep the fact that I have applied to court to myself and allowing the court to contact him themselves. However seeing as I have a court date now and have been contacted by a solicitor should I respond to the solicitor saying I am going through the courts? Or can I ignore the solicitor and just wait to allow the court to contact him like I planned to?

Thanks

[SandraF]

Please don't ignore the letter. Just inform them that as you have now applied to the court, you wish to wait until the hearing date for the court to decide on contact arrangements for the children. Hope this helps

[waqas]

- Judges typically do not order a drug test during a divorce unless ... help you negotiate a custody or visitation agreement that protects your child.


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waqas

[Peridot]

Hi waqas I believe this is a Children Act application not a divorce, so different rules will be applicable as far as the Court is concerned. Do correct us if we're wrong Simonex
There is no guarantee the Court will order a test but it is open to them to do so if needs be. It probably wouldn't be until CAFCASS have provided an opinion/made recommendations.