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Child arrangement order - drugs test

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  • Child arrangement order - drugs test

    Hello I need some help about applying for a child agreement order.
    Iíve currently stopped my sons dad from seeing our son as Iím concerned about his drug use. He claims to have stopped but I donít believe him. Iíve asked him to do a drugs test and after a lot of back and forth (for about a month) he finally said heíll do one but after he comes back from holiday which is on the 5th of November. I said thatís not good enough as heís 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 canít see our son until heís taken the test but he said Ďthatís fine keep him away fromí as if Iím doing something wrong. Yet wouldnít you take the test, if youíve agreed to take it, so you could see your child? feel like heís 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?
    Tags: None

  • #2
    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
    Although I am a family lawyer, any advice given on this forum should be taken as guidance only and should not be applied to your specific circumstances. If you are uncertain as to your legal rights, I recommend that you seek independent legal advice from a lawyer local to you. Do not forget to update us on your case. Good luck

    I work in Coventry on Mondays and Thursdays and Stevenage on Tuesdays, Wednesdays and Fridays.

    Comment


    • #3
      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 donít think the court has contacted my sons dad yet. Iím 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 wasnít 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

      Comment


      • #4
        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
        Although I am a family lawyer, any advice given on this forum should be taken as guidance only and should not be applied to your specific circumstances. If you are uncertain as to your legal rights, I recommend that you seek independent legal advice from a lawyer local to you. Do not forget to update us on your case. Good luck

        I work in Coventry on Mondays and Thursdays and Stevenage on Tuesdays, Wednesdays and Fridays.

        Comment


        • #5

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


          -------------------------------------------
          waqas

          Comment


          • #6
            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.
            I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

            Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

            If in doubt you should always seek professional face to face legal advice.

            Comment

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