Pending court case (family magistrates)

[1mammamia1]

Hi everyone who's reading.

I'm currently awaiting a court case but as my ex is/was a drug user and has displayed psychosis signs in the past I limited his contact to our son so that his mum had to be present to oversee (he lived with his mum up until recently) they recently went against my wishes to introduce his son to his present girlfriend (because my son is suspected asd and awaiting an assessment I didn't want him upset by big change.) His dad hasn't really had stable access until January this year himself.

They went behind my back and lied to me about where my son was and they slept him at his new home, with his new partner so I cut contact after my son told me this.

I then had a court order.

I have no money to afford legal help but I was wondering how the judge sees these situations and does anyone have any advice. I don't mind him seeing his son but only if it's at the grandmothers home and the gf isn't involved. They are very sneaky and untrustworthy. Until he can prove his mental stability and that he's drug free.

I'm representing myself and so I have to submit a position statement.

He's held the truth with his solicitors letters and has not been honest in his court paperwork and is painting me to be unreasonable.

Any advice?

The case will only be about him and his contact. Nothing to do with the gf.
You can request for a medical letter and drug test.
You could request for his mother to support his contact for a period of time, but not long term.

Unless you can show that your ex's girlfriend is a safeguarding risk to your son the courts will not stop him seeing her. In general, you cannot control who your son sees when he is with your ex and your ex cannot control who he sees when he is with you. You also do not have any general right to know where your son is when he is with his ex, just as you don't have to report where he is to your ex when he is with you.

Can you explain when you say you 'then had a court order'

Am I right in thinking your ex has already applied for anChild Arrangements Order and you are seeking to vary it ? Or has he applied to enforce the original order. ?

Or is this the first order. ?
Whichever way round it is - the Family court (it's not magistrates that's for criminal matters) will only interfere with who your child sees when he is with your ex if that person is a welfare threat to your child.
As PP have said . You can not dictate who your son sees and where he goes when with his parent. In just the same way he cannot do the same to you.

That said. If you have or can provide medical evidence that your ex has been diagnosed with psychosis and also has drug issues then you simply make this known to the court . You can right this in your position statement . The judge may ask that your ex has a drug test /psychiatric evaluation. You need to provide instances about when he was a welfare threat to your child.
Sadly legal aid is only available when there has been DV in the relationship. It is now very common to attend court without representation in family court cases.

it's not magistrates that's for criminal matters

Magistrates can sit in the family court. They don't just deal with criminal matters.

Yes of course that is correct, my error for not reading properly. Thought the OP said 'Magistrates court ' when in fact it was Family magistrates.

Thanks to all for reading and responding.

Much appreciated. I didn't mean a court order, what I was meant to say was a summons. It is family court. Forgive me for not elaborating and being quite sketchy.

I was wondering what to expect so thanks to those who have given me some insight.