disclosure in court

6 replies

crossangrymiserable · 31/10/2013 00:15

if my ex had a medical report done for court, should I have had a copy?

I wanted to question his capability to physically parent after an accident. he has seizures but wont say what type and a full time carer.

what to do now as I have no solicitor and going court in 2 weeks

OP posts:

TensionSquealsGhoulsHeels · 31/10/2013 07:38

My ex has epilepsy, not fully controlled by meds, and is more than capable of parenting our DD. What specifically about having seizures prevents your ex from physically parenting your DD? If he had a full time carer then surely in the event of a seizure your DD isn't then alone and vulnerable when that happens? I'm not sure what the issue is tbh.

Original poster

crossangrymiserable · 31/10/2013 08:20

at present not sure if simply absent seizures or ton clonics full blown fall to the floor ect.
what child care experience does carer have?
has carer a full crb with banned lists, remember adult not child checks.
effect on child whitnessing?
ect.
you are right in your case but you have that information at hand. He and his solicitor held back information so I guess they think it was an issue I haven't had the choice...

OP posts:

lostdad · 31/10/2013 09:04

What do you mean by `done for court'? Was we ordered to disclose one to the court? Did the court order him to provide you with a copy?

I have worked on cases where disclosure has been ordered but only the judge and the party itself sees it while the other one doesn't. Or that both parties do.

The fact you have no solicitor is irrelevant here by the way.

If you don't have a solicitor on the grounds of cost, consider a McKenzie Friend - legal assistants who provide help (some charge, some don't) who can provide you with a guidance.

Original poster

crossangrymiserable · 31/10/2013 10:51

we had a solicitor who did request the disclosure of the medical as the accident was severe leaving partial brain damage and long term effects that were disclosed by a family friend.
He has had two futher head operations since and now has to have a full time carer.
The judge did not see the medical but asked the solicitor if anything in there was realavent. cafcass didn't get access to the medical either...
what we do know is he has to have supervised visitation with his other child since the accident

OP posts:

lostdad · 31/10/2013 15:15

If you feel his medical condition means that he is not capable of acting in the best interests of the children it is something you should raise in court.

But it is important that what the terms of disclosure - presumably if your solicitor had a copy of the records and you de-instructed them you should therefore have your own case files which include this report.

cestlavielife · 31/10/2013 16:13

i / my solicitor was provided with copies of letters written by my ex's GP to court, regaridng his health. judge asked they be passed to me/solicitor. (so may depend on judge)

how old are the children? that might have bearing on the outcome (i presume it is about contact?)

is the carer able to act as support if this is needed? (eg to phone you if he has a seizure?)

supervised contact would make sense but you might need to know if the carer can in effect act as a supervisor .

if it is about relatively short supervised contact sesions that is one thing. if he is asking for longer overnight stays then go into detail?

physical capacity - might depend on how old the DC are as to what restrictions you looking to impose...and why.... plenty of disabled parents around.... if he just needs a carer to look out for seizures/help with physical stuff that wouldnt necessarily be an issue.

Flip