Is contact awarded by court if father is active heroin user?

[MorrowTreasure]

This really, kids haven’t wanted to see their dad for a few months since he started back on heroin after a year sober. He’s threatening legal action and I’m not sure if contact would be awarded? And against the kids wishes. He sends me constant harassing and threatening messages.
Also anyone in similar position represent themselves? I don’t want to rack up financial debt with solicitors.

Yes definitely get FaceTime/phone calls. Face to face probably but it’s likely to be supervised (not necessarily in contact centre, a trusted relative’s house might suffice - you would need to agree to that person though). The court can order drug testing.

Honestly, unless he’s literally trying to kill them on visits, he will get contact

How old are the kids? It’s hard to say. If he’s an active user which is obviously a potential danger, and the kids don’t want to see him, they may only award phone or supervised contact. And not even that if the kids are old enough to refuse. Those it’s really hard to say as some judges are absolute dickheads. A relative of mine has a child with her ex, he took her to court for contact and got awarded an overnight every two weeks and Wednesdays after school after she proved he was dealing drugs and taking meth. They said it was because most of the evidence was taken from social media which they apparently don’t take into account, even though it was a picture of him clearly on meth, with him literally saying he’d taken meth

No they don’t take social media into account, and if you aren’t actually friends with the person on social media and submit screenshots then the judge will also warn you that this is stalking, which is a crime. From experience.

That’s awful. You have every right to have concerns, have you thought about offering supervised contact via a contact centre? How old are kids? Their ages will be relevant in assessing their wishes.

My thinking is that the court will assess his ability to care for the kids and whether the drugs interfere with that. My partner’s ex is a class A drug user but the court considered it wasn’t impacting the kids, even though SS were intermittently involved. Our solicitor confirmed this, it’s only relevant to the court’s decision if the kids are being impacted, otherwise the parents are ‘doing it on their own time’. Do you have proof of his drug use?

From experience I strongly suspect the court will award access of some description, unless the drugs are proven to be completely debilitating.

harassment - report this to the police. And keep all messages, call logs, emails etc. Try to keep all comms in writing.

Yes what I thought they will give him access whatever the circumstances. Anyone know timeframe of court’s decision? I don’t want to fight a battle I won’t win. How do you force frightened kids to go though? He’s never cared for them alone more than an hour or so and not overnight. No friend or relative will have him at their house-his behaviour is really frightening. Kids are 9 and 14.

I refused contact at 8 years old. At those sort of ages you cannot psychically force a child to go. If he does take you to court and get awarded contact, all you have to do on your part is make sure your children are where they’re supposed to be and available for collection. If the children refuse to go with him, there is no law that says you have to restrain and psychically force them into his car. Though I do understand it may be difficult for children to refuse to obey their father if they’re getting yelled at that they have to go. I’d be surprised if they ruled at all for the 14yo as they’re too old to be forced for contact if they’ve said they’re not going to go, I’d be a bit concerned for the 9yo

"How do you force frightened kids to go though?"

You do not. You keep them as well as yourself well away from him. Their views should be considered here given their ages. You are their responsible parent here.

Has he actually taken you to court yet?. This person could be just using the threat of court as a means of further punishing you and or otherwise beating you about the head with, he certainly does not care about his children.

I would also report all his threatening contact via the phone to the police; there are consequences for such actions. Such behaviour cannot and should not be at all tolerated.

There are sadly lots of parents who do struggle with addiction of one sort or another.
Is he on a methadone/subutex programme? If he's not and he goes on one that shows he's willing to try and quit. If he does manage to stay off it for a few days then the pain does subside. Making the craving easier to resist.
Would he consider going to NA?
If he can be clean for the visits then that's also a good sign. They could drug test him on the day before each one.
If maybe his home isn't considered safe if he has other users around and the place is a total mess, then they'd need to see him elsewhere, maybe supervised.
But I don't think they'd bar all contact? Unless he actively abused them.

He was in NA but stopped now. Was/is on a Subutex program apparently but I think he’s using at the same time? Nothing legal happening yet just a lot of threats.

@BobbyBiscuits Who would be drug testing him before visits do you know?

I would wait until he takes you to court. It sounds like lots of his money is going on his drugs.
the 14 YO will have their wishes considered. So very unlikely to have to go. The 9 year old less so, but realistically how likely is he to push through with going to court, turning up, etc etc.

And register all his threats with the police. Get a Non Mol order of it continues.

@MorrowTreasure I'm just guessing but it would be done through the SS I imagine? If you requested it as part of the visitation? But again I'm not 100% sure. If he's on a programme they are meant to test them regularly. But many obviously can't stop using even with the methadone etc.

I would block him. If he takes legal action you will presumably get a letter informing you ? Is he likely to turn up at the house? If so call the police.
I know children's relationships with parents should be promoted but not at the cost of their emotional and physical safety. If grown adults are scared of his behaviour why should children be exposed to it?

Get the words "make the children available" written into any order you get. That way (from what I understand) you keep that time free but if the children don't want to go then they don't, you haven't stood in the way of contact outside of any holidays which you can also take your DC on if you have a court order