CAFCASS - can they do this?

elsien

......................................

SuziQ

In our experience, CAFCASS can do anything they want, and frequently do. All they have to tell the court is that they made reasonable attempts to make contact. It also depends on the reason they have been asked to get involved, ages of the children as to what depth they go into.

Also in our experience, the mother will tell the CAFCASS officer what they need to hear, will agree to a contact plan that satisfies the officer and allows things to go to court, smiles sweetly, and then effectively sticks two fingers up outside the court and carries on doing exactly as she pleases. Our experience was that the contact order was not enforced, firstly as the judge was unwilling to place the mother in jail, and then for this reason:It is also common for violence to be alleged at this stage, as in that case the officer will always err on the side of caution and is unlikely to advise contact outside of a contact centre. It's a horrible situation for the estranged parent. We spent many thousands of pounds trying to get contact with my ex's children to no avail. 7 years after contact stopped, he finally reconnected with his oldest son after his mother cleared off to live in Kenya with the youngest and her new 22 year old husband, leaving the older one at 18 to fend for himself.

Your relative may want to contact a support group, such as families need fathers, to get information and support on this matter.


My final comment is always- I pity the kids in these situations as they are always the real losers.

EclipsedMind

It sounds like a directions hearing and the only thing cafcass will have done ahead of that is a basic welfare and background check. They call to give you a chance to discuss anything they found on the police checks and raise any concerns you might have.

When he sees their report if there is anything wrong in it or it passes ex's words off as facts then you should challenge it in writing to cafcass. Anything Ex says should be clear it was said by her. Anything wrong should be corrected and it should be clear they did not speak to him. Make a point of speaking to the officer at court if possible and be friendly and non aggressive.

I complained to cafcass when they quoted ex's words making an allegation as a proven fact. They had to re-issue to court with the change in bold and a covering letter to judge.

TBH a first directions hearing is just a chance to find out what some of teh issues are. Ask for interim contatc while the matter progresses.

You might find teh following quote useful :

The relevant principles which apply in relation to issues of parental contact is to be found in the judgment of Sir Thomas Bingham MR in Re O (Contact: Imposition of Conditions) [1995] 2 FLR 124 at pages 128C to 130E. That substantial passage was helpfully and correctly summarised a year later in the Court of Appeal by Wall J (as he then was) in Re P (Contact: Supervision) [1996] 2 FLR 314 at page 328. Before turning to quote more fully from Sir Thomas Bingham's judgment in relation to principles (1) and (2) it is useful to set out Wall J's shorter summary:

"1. Overriding all else, as provided by s 1(1) of the 1989 Act, the welfare of the child is the paramount consideration, and the court is concerned with the interests of the mother and the father only in so far as they bear on the welfare of the child.

2. It is almost always in the interests of a child whose parents are separated that he or she should have contact with the parent with whom the child is not living.

3. The court has power to enforce orders for contact, which it should not hesitate to exercise where it judges that it will overall promote the welfare of the child to do so.

Basically its not about the parents but the child's right to see Dad. Best of luck and I hope you get contact ordered.

EM