Drug test before first hearing will it help my contact application?

[bodlovic]

my wife told cafcass that i use cannabis, (which i do not) also that i drink a lot (i drink about 20 units a week) my wife is denying me contact. I am 52 years old.
Our children have been with me and my wife since they where born, but she left and took our children with her, they are two girls 7 and 5 years. the reason she left was we just do not get on together but she is makeing allagations against me that are not true.
i have not seen the children since 20 May 2013
My wife did not attend the frist hearing on 19 july
so the judge set a new date for 10 sepember.
and has ordered she attend in person 30 monutes before the hearing for nagotiation,
i do not have any history of hurting our children .
The socail worker even said the problem is when me and my wife are together and we argue becouse I think she is too strict with our children and she thinks I am too soft., the socail worker said we are both good perants but bad living together
i am going to have a hair strand test (the court as not ordered this but they could do at the first hearing becouse cafcass have advised a test in their letter)
My with has alleged I smoke CANNABIS and drink to much so CAFFCASS have adviced the court to test for these.

I want to have a underarm hair test ( before I am ordered to) for cannabis, to show i do not take cannabis, is it a good thing to do this before I am ordered by court?

should I send the results to cafcass before the hearing ?

I want to show cafcass that i am telling the truth and my wife is making allagations that are not true.
will they think better of me if i do?
will it make my contact case stronger?

I can not have a hair strand test for alcohol as my head hair is to short.
so I have had a liver function test for gamma and alt they show normal liver function.

Sould I send these result to Cafcass also?

cafcass seem to listen to my wife but not me unless i can prove otherwise.

has any member been through the same situation?
if I do all the above will it help me?

will the court allow me some contact (IF MY WIFE WILL AGREE ON CONTACT ) until this situation is sorted out?

ADVICE TO COURT FROM CAFCASS.
Initial Advice to the court
• The court may wish to consider hair strand testing in respect of alcohol use and cannabis use.
• A S7 report may be considered beneficial in this matter in relation to the welfare issues raised within this letter. This could be undertaken by the Local Authority who are currently involved in this matter.
• I would advise that contact is considered cautiously in light of the safeguarding concerns raised within this letter.

[bluebottle]

Re: Drug test before first hearing will it help my contact application?

There has been a lot of disquiet expressed about CAFCASS, but it sounds very much to me that you have a good social worker. Have a word with the social worker about being represented by a solicitor specialising in Family Law.

[MissFM]

Re: Drug test before first hearing will it help my contact application?

Morning bodlovic

If I were you I would have the tests and co-operate fully with the Cafcass officer. They are obliged to take such allegations seriously for obvious reasons and it would be in everyone's best interests to scotch the accusations before going to court.

The Judge will, as in all family law situations, be looking for a conciliatory resolution that is first and foremost in the best interests of the children. Safeguarding them as far as is possible would be paramount.

See here for how the Law Society recommends dealing with family disputes http://www.resolution.org.uk/editorial.asp?page_id=26

If you are offered mediation that could be a very good idea IMHO.

I do hope this will work out well for you all. When things are very heated during a break-up it's sometimes hard to see a way forward - try to keep cool and not rise to any bait, keeping in sight that you want the best for your children and a good relationship with them, a happy family life, in the long run.

[Kitiara]

Re: Drug test before first hearing will it help my contact application?

We went through something similar last year with my Partner and his ex and their son when we applied for residency, she alleged that my Partner was a violent drunk and that he had been an alcoholic for the whole of their 9 year relationship (my Partner doesn't drink except for the odd beer socially). He had a liver function test even though he had not been instructed to, which came back normal (if you drink heavily, even if your not actually an alcoholic, this will be reflected in the gamma result) The judge told her she had to retract these accusations as they had been proven to be fictitious, and she was warned about making malicious accusations in order to mislead the court.

Good luck with your ongoing fight for your children, it's so nice to see another Father who obviously cares about his children enough to fight for them.

[Inca]

Re: Drug test before first hearing will it help my contact application?

Can only re-iterate what has already been said by ^^those folks.
Keep calm at all times (difficult I know but it's for the best)
Go to court with 'clean hands' and by that I mean do and say NOTHING that could possibly harm your case..
You may have enough head hair to do the test....they don't need much but anyway they choose is fine.
Always obey the court too,,Judges like to see 'compliant' parents.

I wish you good luck,,and please,post here anytime you like/want to,,there is a wealth of support and knowledge here,,from the legal to the shoulder to cry on.

[wales01man]

Re: Drug test before first hearing will it help my contact application?

Sound advice INCA Judges judge on not only what they read but also on what they see before a Judge in these cases might be YES SIR NO SIR time

[enquirer]

Re: Drug test before first hearing will it help my contact application?

Take the tests. This will show that she has made false allegations in an effort to mislead the court. In the meantime, keep a cool head and take the long view.

[bodlovic]

Re: Drug test before first hearing will it help my contact application?

Thak you for your replies I will keep my cool (hard to do) and if their are any more thoughts I will be grateful
some say its a good idea to have a drugs test even if the judge has nt ordered it, which I agree with becouse
at least it shows I have nothing to hide.

Some say on other forums I have been on, that I am wasting my money, But I feel the situation will
not move forward until I show I am not on drugs, and the judge should see that shoud'nt he ?
I think not meny people have had a test before they have been ordered to by the court so
they do not have any experience, I think the judge may not have come across a pre court
test before I just hope the judge does not think I am doing his job only that I am trying to move forward.

thank you

[Spenser777]

I am very sorry that you encountered such problems, but in any case there is a solution to this situation. Now in the era of the development of biomedicine, you can very easily prove to your wife and jury that you did not use it. For example, you can purchase drug tests from testcountry.com and show in court that you have not taken drugs. You just have to take a saliva sample and if there are drugs, then the test will show it within 5 minutes. So good luck with the lawsuit.

thx for the info buddy