How is a section 7 CAFCASS report used in court?

RainbowDreamer

What I mean is.. is the judge likely to order what is recommended by the CAFCASS report?

It is a section 7 I think its called. Where they do home visits with both parents, speak to nursery etc. They get as much information as possible and meet the children.

They then make a lengthy report with their findings and conclude with their recommendations to the court as to who the children should reside with, how often the other parent should have contact who should deal with school and so on.

I just wondered if anyone had been through this in the past and did the judge order exactly what CAFCASS had recommended?

Thanks.

kingfisherblue

I've never been in your position RD, but I would imagine that the judge is likely to follow any CAFCASS recommendations. After all, the whole point of CAFCASS is for them to gather information and make recommendation based on this to the court. If the judges regularly ignored the CAFCASS reports, there wouldn't be any sense in having them.

Having said that, it is possible that the judge could follow the recommendations up to a point, but not completely. They might decide to go ahead with most of the recommendations, but not all. If this happens, I would expect a reason to be given.

Do you have a solicitor? They should be able to expalin things to you.

RainbowDreamer

I do have a solicitor. I guess he may be able to explain once he himself recieves the report. I cannot state what it says in any form here as my ex partner has not yet recieved a copy of the report.

But I would be willing to PM if it would help to disclose certain things etc.

Basically I worry that when it goes to court the report may not be taken as gospel so to speak.

gadgeteer_2

In general judges do follow the recommendations of the CAFCASS reports but they may not follow it to the letter. Judges can follow all of it, some of it or ignore it completely. But like I say, in general they do follow it.

So for example if CAFCASS recommend the kids live with you, it would be unusual for the judge to order the kids live with him. But if CAFCASS recommend contact say on a Wed and alternate weekends, a judge may well decide to ignore the Wed part. All theoretical examples of course.

The judge may place less emphasis on the report if for example he/she thinks CAFCASS have made a mistake, their credibility is found lacking or just because the judge thinks he/she knows better.

What would be unlikely though is to go completely against it.

daska

The way it was explained to us was that the Judge has to be able to justify NOT following a CAFCASS report and when we got our CAFCASS report, the other party's solicitor quite visibly adjusted their expectations in line with what had been recommended (downwards LOL) our solicitor reckoned the opposition was a little inexperienced which had meant she hadn't read the writing on the wall. Certainly the various Judges responsible for the decisions in DSDs case made their thinking clear, we didn't always agree with it, and neither did DSD, but that's a different kettle of fish.

RainbowDreamer

Ok, thank you.

I shall risk this being read by those involved.. but doubtful (I hope).

Basically report recommends kids live with me (for the last 2 months dads had temp residensy due to major allegations he made that were found untrue). And that he sees the children alternate weekends.

He used to see them almost have of the week.. but this has been damaging the children. He has also been bragging that today he is reporting me to the police for taking drugs infront of my children.. his last attempt to gain full custody?

All along at every court hearing he has offered ME 2 hours at the weekend supervised contact.. obviously the judge has not even considered this.

My worry now is.. how he may react to this report, which is due in the post anyday. He has moaned to his MP to people higher than cafcass. Has even ruined my chances of my youngest ever using the same nursery as eldest went to, because he reported them to Ofsted who had a duty to investigate.

I am hoping court comes pretty soon. As dad currently had the children more than half of the week.. and I can see the damage being caused more and more. And finally Cafcass have realised this and stated it on paper that they are concerned about my children emotional needs and well being.

I now hope and pray that the judge follows the report and that I get a court hearing before school starts. As my eldest is currently booked to start a school near his dad... which I cannot get to.
So to be able to change schools before he starts would help as it will prevent further damage by my child having to change schools.

I guess I am also terrified of what he may do when this is inforced in court. Meeting him may then no longer be an option for my own safety.. but not sure how that would work?

FBaby

I don't know anything about such proceedings, so can't advise, but something pop up in my mind. Have you found out where your children would have a place at school if they moved with you before school starts. I am assuming it would reassure a judge that all this matter is sorted now rather than assuming they would have a place at a local school days before starting?

clearingout

I am glad the report has had a positive outcome - I had a Section 7 done a couple of years ago now and I can tell you it was incredibly neutral in how it was presented so if CAFCASS think the children are better off with you, then fingers crossed a judge is going to agree.

Your ex will, no doubt, do his nut. Mine did. But actually, once he'd lost the fight, he calmed down generally and has been less of a hassle to me (and is less and less so as time goes on). You may find your ex does the same - once the fight is lost, he may just move to something else (which hopefully doesn't involve you).

Speak with your solicitor about now asking for handovers either via a third party (any family who can help out?) or at least in a neutral, public place with CCTV (in front of your local supermarket, for example). I suspect if your ex is going to be problematic, it will show in court and a judge will be willing to help you out.

Why are you still talking to his man?! You really don't need him to be in a position where he is able to tell you he's reporting you to the police for drug taking. You need to find some techniques that help you deal with this kind of thing - changing your phone number and having him on a cheap pay as you go for, for example, and not responding to any e-mails for texts. Have a google of the 'Freedom Programme' if you haven't done this already - a lot of people say it really helps.

RainbowDreamer

I had school sorted.. but once he got his temp residency he changed from an excellent school near me to a not so good school near him. Cafcass have advised that as soon as the court hearing is over I am to phone admissions and try and get him in somewhere asap.
I am not sure how long it would take, but ideally before school starts would be the best outcome.

Clearingout I have to give him my number for incase of emergency when he has the children. I also have to face him twice a week to pick up and collect the children.
I have no family or friends who can help.

I am hoping that dependant on the judges ruling I can ask for a non supervised contact centre. As there is one in my area, where parents can drop off and collect without having to face each other. But I think they only operate from Sat 10am to Sun 4pm.. so it depends on the access granted by the judge.

I am going to try and find information on it before court so I have the relevant details etc.

I also still see my domestic violence outreach worker so am aware of the freedom programme

RainbowDreamer

Also last time we were at court he shouted at the judge and got severley told off. And that was when he was getting his own way.
so maybe he will show himself up again and that will show them why I am scared of him and ensure that I do not have to see him again!

FBaby

I don't know where you are but in my local authority, you can contact them and then will be able to tell you there and then where a child can have a place. This is what I did when I was about to move which prompted me to leave my children where they were until the end of the year.

I would have thought this to be a significant consideration from the judge perspective in terms of ordering the children to move back with you immediately.

If you can tell the judge that you have been assured your son could start school on first day at x school, which you will be able to take him to daily, it will come across much better than your ex saying that he had places secure for them to start and you saying you don't know but will find as soon as you come out of court.