Upcoming DRA - My story and advice sought - Representing myself

[childfirst]

I am representing myself at this time. Simply I believe I owe it to my child to show them how much I love and care for them. In additional from reviewing this group it appears if you use logic/common sense you can do alot of tasks yourself, before the final hearing where a direct access barrister appears to be the way to go.


Advice needed: I have a DRA listed towards the end of this month and I now have tunnel focus on ensuring my prep and documents are done correctly. This amazing group has so much breadth of knowledge any tips are most welcome.

Background Info

I was arrested last year and released under investigation after STBXW many 5 allegations of domestic abuse. This came hot on the heels of her own arrest for DUI as she is an alcoholic. My child and I lived with his crazy antics for many years. She had claimed DA previously to anyone which would listen but had not made a report.

I did the original C100 and added a C1A after advice from friends to ensure access to my child was granted and to be able to document the attacks on myself & drinking. These police took a counter statement from myself on DA and this is with the CPS for direction.

Emergency Hearing and Cafcass Outcomes

I somehow got through this before I found this group and it is fair to say the judge went easy on me. The STBXW family paid for her to be represented.

• Judge ordered Cafcass report - This has now been done with nothing negative about me. Was asked to provide court a few docs which are ready to be sent. Nothing about me not seeing my daughter or advice of contact centre.
• CAFCASS have suggested 6 month hair and blood for her
• Cafcass have suggested no fact finding
• Due to no Safeguarding letter judge said updates once every 2 weeks sent to me (has failed to deliver), I could send gifts (I have not done this as dont believe child will receive in a fair manner), She refused video calls as said no one would facilitate for her and whilst she said should is open to see my daughter that has only been 60 mins as judge could not mandate. The visit was a few days before Cafcass interview.
• Scotts Schedule of her allegations against me with a statement and for me to answer. I have done this

Since Hearing

• Both visitation plans (I need to be supervised etc) have been rejected with no real reason provided by social services.
• Paid for by me contact centre rejected - Claimed as she is banned from driving no one could take child. Bus route supplied and taxi offer also rejected.
• Drove to school pre ban whilst on bail for DUI drunk (school report words) and had child in the car ready to leave before stopped. School did not call Police
• I asked police to change my bail as asking to see my daughter via social worker was Harassment and indirect contact. Police changed and did not interview me for either offence
• I have completed a FGC within 4 weeks and this has a 12 week plan of supervised visits - Awaiting feedback but social services being slow. I was told she has not started her half of the FGC

Social Services

• Biased from the outset - The child in need plan which I had asked for child protection had many lies in it. When with my child I asked them questions in front of a different social worker which proved lies. Realise this is not child friendly but wanted lies documented.
• When CIN plan was done the new social worker has told me that they want to observe me in a council contact centre with my daughter and will be asking judge. Challenge is it is not open at weekends as child is at school and is 40 mins from the family home and STBXW has indicated she has no means to transport daughter. They are waiting if centre can be opened at weekends and transport issues is not their problem.
• Due to ongoing alcohol conerns they asked my STBXW to have an adult with her when with my daughter. They are aware social dont’ work weekends so she is left alone and drunk with my daughter.

Upcoming Hearing - What should I be shooting for?

What do people believe is a fair ask?

• I want the judge to put into place the Family Group Conference with the 12 week plan from the outset - No concerns in Cafcass letter.
• It has been proven the mother cant even send basic updates as listed on the court outcomes document so the FGC needs to be sanctioned by the judge.
• Social Services to be clear on needs of a contact centre - if forced this runs simultaneously to FGC. The contact Centre is not child friendly for a 8 year old.
• If the contact centre the transport situation is resolved.

What else do people think I should be pushing for?
For my C1a reasons and her response I have my evidence
For the Scotts I have my evidence if required

Being honest I am not sure how this piece plays out as the judge said he would decide on each count.
The Police have sent court information about my case - Will I get to see this?

 

[Resolute]

That is an awful lot of information.

It sound like you are doing lots of the right things.

What does the order say about next hearing?

What deadlines are you working towards?

 

[Razbert]

How far along is the police investigation of alleged domestic abuse? You said they changed your bail conditions - have they told you if you will be charged? Can you talk to the CPS and find out if they're waiting on evidence - explain that they won't find any as the allegations are false. Point out that she is also under investigation so they should be able to see what's happening. Show them your Scott Schedule and C1A with your evidence.

The Police have sent court information about my case - Will I get to see this?

They should have sent it to both parties as well, the same as any court requested paperwork. You should be able to ask for a copy - from the court if the police won't oblige.

What else do people think I should be pushing for?

I think under the circumstances, the court could be persuaded to change residence to you for the safety of the child. This would mean she could only see the child if she can prove sobriety. It's odd that Cafcass don't have safeguarding concerns - if as you say she's an alcoholic and you're not. They should have recommended steps to protect the child. SS have said she has to have an adult with her when with the child - why don't Cafcass know this?

 

[childfirst]

That is an awful lot of information.

It sound like you are doing lots of the right things.

What does the order say about next hearing?

What deadlines are you working towards?

I am next in court end of this month - Call me stupid but I believe in the truth and I work everyday to see my child.
In the order it has the following:
Direction for fact finding - This is the scotts schedule. I have also done a C2 application so her scotts and statement can be given to the police.
Child Services to send the CIN plan and suggest future contact - They have missed the deadline as they try and get a contact centre for the weekend.
Cafcass Safeguarding which flagged nothing bad about me.
Police Disclosure - They wanted full disclosure prob to help her lack of memory. Judge said a enhanrnced subject access as police had been to the house twice prior. I already have my basic SAR in hand and notes about the "why".
Her Solicitor is doing the court bundle.

I hope the above makes sense - you are welcome to pm

 

[childfirst]

How far along is the police investigation of alleged domestic abuse? You said they changed your bail conditions - have they told you if you will be charged? Can you talk to the CPS and find out if they're waiting on evidence - explain that they won't find any as the allegations are false. Point out that she is also under investigation so they should be able to see what's happening. Show them your Scott Schedule and C1A with your evidence.

Phone downloads are taking 6-8 months - this is what they are wating for. They only took my phone and not hers which was a shame. Bail is extended every 90 days so coming upto month 6. Change to make the contact to see my child more explicit as she claimed harrasment etc etc. My C1A and Scotts is buttoned down as phone was in cloud so I have all I need. The police always tell me how bust they are and the officer is very jnr.

They should have sent it to both parties as well, the same as any court requested paperwork. You should be able to ask for a copy - from the court if the police won't oblige.

Thanks I will email the court today asking - I believe this is more on an enharnced SAR

I think under the circumstances, the court could be persuaded to change residence to you for the safety of the child. This would mean she could only see the child if she can prove sobriety. It's odd that Cafcass don't have safeguarding concerns - if as you say she's an alcoholic and you're not. They should have recommended steps to protect the child. SS have said she has to have an adult with her when with the child - why don't Cafcass know this?

Cafcass have suggested she does 6 months bloods and hair - Social services never put the supervised adult into the child in need plan and prefer not talk about this. SS have been very biased in my opinion so far. I don't drink and everytime I see SS I ask if they want me to do a drink or drug test. Currently I must be supervised with my daughter as per a police bail condition. I believe she did this to me as she would have lost our child after her DUI if I had walked out.

You are welcome to pm me if something above does not make sense.

 

[Resolute]

It does make sense.

Looks like the aim should be to knock this on the head at the next hearing. Give the court sufficient reason to put her allegations aside and move on to decisions on child welfare.

I suggest you send a message to your ex's solicitor asking for draft table of contents for bundle. They should follow PD 27a from memory. I gravely doubt that they will and you will probably have to do some shimmying to make sure everything is before the court in good time.

 

[childfirst]

It does make sense.

Looks like the aim should be to knock this on the head at the next hearing. Give the court sufficient reason to put her allegations aside and move on to decisions on child welfare.

I suggest you send a message to your ex's solicitor asking for draft table of contents for bundle. They should follow PD 27a from memory. I gravely doubt that they will and you will probably have to do some shimmying to make sure everything is before the court in good time.

I have taken your advice. In the Scotts I was honest and partially accepted some parts. In the statement I went a little overboard and provided reasoning and context. She even missed out one of the allegations and went on a rant about things post my arrest which the judge has not even asked for.

 

[Resolute]

To my mind, this is the difficult question:

Should/could you go for transfer of residence?

A part of the difficulty is a judgement only you can make, i.e. is the child safe in the interim?

The other aspect being how would such a move likely play with SS/Cafcass/Court.

If you can brush off the nonsense allegations and succeed in calling your ex into question. Why would the child be with her?

 

[Resolute]

Direction for fact finding - This is the scotts schedule.

I just want to clarify the above, is it:

1. FFH has been directed

Or,

2. Direction to be made on FFH at upcoming DRA

 

[childfirst]

Carcass have suggested no need but judge will decide in next hearing I believe.
I am hoping via the Scotts Schedule and her statement he see's thru the garbage.

I just want to clarify the above, is it:

1. FFH has been directed

Or,

2. Direction to be made on FFH at upcoming DRA

 

[childfirst]

To my mind, this is the difficult question:

Should/could you go for transfer of residence?

A part of the difficulty is a judgement only you can make, i.e. is the child safe in the interim?

The other aspect being how would such a move likely play with SS/Cafcass/Court.

If you can brush off the nonsense allegations and succeed in calling your ex into question. Why would the child be with her?

You are spot on - The reason I cry everyday is that we were a solid team. I did most of the school runs, dinner in the evening and looked after my child majority of the time. STBXW was normally passed out on the bed.
Once the police stuff sorts itself out I will being going after the safety on my child. I have shared numerous safeguarding issues with social and they don't care. They did not see a major issues with my daughter in the car when the school took the keys off the drunk and failed to call the police as she was already on bail for DUI.

 

[Oneofmany]

drove while on bail for DUI..... they rake your licence on the spot if you nicked for drink driving now......... sure she's wasnt already banned?

 

[childfirst]

drove while on bail for DUI..... they rake your licence on the spot if you nicked for drink driving now......... sure she's wasnt already banned?

No she was not - Innocent until first court date. She was on bail, drove to school drunk 2 days before first court hearing. School protected her and tried to cover up. When she went to court licence taken and when she went back for sentancing what she had served was taken off. Total mess and if only the school had called the police instead of taking one for her. She even admitted to staff she had been drinking and they are aware she is an alcoholic.

 

[Ash]

So the next hearing is a DRA to determine whether a fact find is needed, after the Judge sees allegations and statements - is that right?

So has your ex actually lost her licence now? If so she won't be driving to school any more, or to the contact centre.

It's unlikely you'll get unsupervised time until you've had NFA from the police (No Further action). Has it been NFA'd yet or not?

Most contact centres do week-end visits. Is there another contact centre you could try?

SS are basically saying your ex needs supervision as well! But did you say they didn't include that in their report?

Is there any evidence at present, that ex is alcoholic? Documentary evidence - from a clinic/GP records of her attending a clinic eg? If not then you might have to wait for the results of the hair strand test and ask for a GP letter as well.

So - you'll need a good position statement for this hearing, focused on

1) Achieving supervised time
2) Concerns about child's safety with ex's alcohol issues
3) Order not being followed re updates about the child

Anything else will be dealt with via the Scott schedule and statements I would think.

You could ask for supported time in the community rather than contact centre time. This is with an agreed person with you when you have the child with you. It could be at your home, or out and about at playparks etc. Do you have a relative who could do this? If the court won't accept supported in the community then have another contact centre lined up who will either do supervised in the community or do week-end slots.

Say that social services have said ex needs someone with her when she is with the children due to alcohol issues and you are very concerned for child's safety currently, and ask that it is ordered that ex must have supervision when the child is with her.

State that ex has claimed she can't do contact centre visits because she has lost her licence due to alcohol and can't drive. You offered to pay for taxis but this was refused.

Request that all allegations against you are dismissed as vexatious and that you request an Independent Social Worker report to look into matters with both parents (this will cost you however if the court agrees to an ISW).

I'm wondering if it could be worth having a barrister for the next hearing, to try and avoid it going to a full fact find - because if it did, it is very hard to do a fact find on your own successfully.

 

[Resolute]

I second the idea of taking a barrister.

It is not just about presenting well. It is about the inner workings of the process. A barrister would be a sound investment.

 

[childfirst]

So the next hearing is a DRA to determine whether a fact find is needed, after the Judge sees allegations and statements - is that right?

So has your ex actually lost her licence now? If so she won't be driving to school any more, or to the contact centre.

It's unlikely you'll get unsupervised time until you've had NFA from the police (No Further action). Has it been NFA'd yet or not?

Most contact centres do week-end visits. Is there another contact centre you could try?

SS are basically saying your ex needs supervision as well! But did you say they didn't include that in their report?

Is there any evidence at present, that ex is alcoholic? Documentary evidence - from a clinic/GP records of her attending a clinic eg? If not then you might have to wait for the results of the hair strand test and ask for a GP letter as well.

So - you'll need a good position statement for this hearing, focused on

1) Achieving supervised time
2) Concerns about child's safety with ex's alcohol issues
3) Order not being followed re updates about the child

Anything else will be dealt with via the Scott schedule and statements I would think.

You could ask for supported time in the community rather than contact centre time. This is with an agreed person with you when you have the child with you. It could be at your home, or out and about at playparks etc. Do you have a relative who could do this? If the court won't accept supported in the community then have another contact centre lined up who will either do supervised in the community or do week-end slots.

Say that social services have said ex needs someone with her when she is with the children due to alcohol issues and you are very concerned for child's safety currently, and ask that it is ordered that ex must have supervision when the child is with her.

State that ex has claimed she can't do contact centre visits because she has lost her licence due to alcohol and can't drive. You offered to pay for taxis but this was refused.

Request that all allegations against you are dismissed as vexatious and that you request an Independent Social Worker report to look into matters with both parents (this will cost you however if the court agrees to an ISW).

I'm wondering if it could be worth having a barrister for the next hearing, to try and avoid it going to a full fact find - because if it did, it is very hard to do a fact find on your own successfully.

I want to respond properly but also say million thanks. Proper response in the mornig.

 

[childfirst]

So the next hearing is a DRA to determine whether a fact find is needed, after the Judge sees allegations and statements - is that right?

So has your ex actually lost her licence now? If so she won't be driving to school any more, or to the contact centre.

It's unlikely you'll get unsupervised time until you've had NFA from the police (No Further action). Has it been NFA'd yet or not?

Most contact centres do week-end visits. Is there another contact centre you could try?

SS are basically saying your ex needs supervision as well! But did you say they didn't include that in their report?

Is there any evidence at present, that ex is alcoholic? Documentary evidence - from a clinic/GP records of her attending a clinic eg? If not then you might have to wait for the results of the hair strand test and ask for a GP letter as well.

So - you'll need a good position statement for this hearing, focused on

1) Achieving supervised time
2) Concerns about child's safety with ex's alcohol issues
3) Order not being followed re updates about the child
As promised my full response and thanks for taking time. Sorry If I am not clear on all points as still learning.

Anything else will be dealt with via the Scott schedule and statements I would think

Yes I agree with this. I only answered the points around the ongoing investigation and rants post my arrest were ignored. Judge asked for me to respond to arrest points only

You could ask for supported time in the community rather than contact centre time. This is with an agreed person with you when you have the child with you. It could be at your home, or out and about at playparks etc. Do you have a relative who could do this? If the court won't accept supported in the community then have another contact centre lined up who will either do supervised in the community or do week-end slots.

We have put forward two proposals of family/freinds supporting me in the community. It is a requirement of my police bail. Both of these were rejected. I offered a private contact centre paid for by me and on a direct bus route. This was also rejected. I have no issues with a contact centre/Supervised in the community. My objective is to spend time with my daughter.
It is social services who are now saying they have only seen me twice with my daugther and they want us in a local council facility so they can watch me. The police, social services and STBXW have never raised any concerns about my child and I. The issue is council contact centre ia 40 mins from the family house and not open on weekends.

Say that social services have said ex needs someone with her when she is with the children due to alcohol issues and you are very concerned for child's safety currently, and ask that it is ordered that ex must have supervision when the child is with her.

Thanks for this advice - have looked this up I shall ask for this to now be formal.

Possible Legal Actions:​

1. Child Arrangements Order with Conditions – The court may allow the child to live with the parent but impose strict conditions, such as:
   
   • A sober adult must be present at all times.
   • The parent must undergo regular alcohol testing.

State that ex has claimed she can't do contact centre visits because she has lost her licence due to alcohol and can't drive. You offered to pay for taxis but this was refused.

Yes this is going into the position statement with the quote from social services.

Request that all allegations against you are dismissed as vexatious and that you request an Independent Social Worker report to look into matters with both parents (this will cost you however if the court agrees to an ISW).

I shall look this up today - I was told this week social worker is leaving their job and they have already gone. He started by not completed the family assesment plan which I believe feeds into S7 if court asks for it.

I'm wondering if it could be worth having a barrister for the next hearing, to try and avoid it going to a full fact find - because if it did, it is very hard to do a fact find on your own successfully.

Thanks for this advice. Vexatious is a great word as the claims are baseless. In her Scotts/Statement she has not offered anything credible. For one thing I did admit to the police with context she has offered a very diff story to the real facts which I have hard evidence for.

The above offers me some fantastic advice. The adult at all times is a very fair ask until testing shows she is drinking within a safe limit