How is a section 7 CAFCASS report used in court?

RainbowDreamer

Fbaby I think considering what the report says about the childrens father, they will be ensuring the children are returned immediately.
After I mentioned to cafcass about in the future upping his contact if he does everything correctly as a father, I was advised to never up his contact.. which says it all really?

He may have over half the week with the children now, but this is damanging the children every single week. So I have no doubt in my mind that if the judge believes the cafcass report then he will take action asap.

I have spoken to admissions for advice and they did say that I cannot do anything until I have the contact order stating that the children reside with me.

If I have to travel to the other school in the meantime I will. Me going out of my way or spending money I dont have is fine. It is trying to repair the damage caused that is my main concern now.
I just want my children to be happy. And as much as their father has caused so much stress and damage to the children... they will still be going from seeing him half the week to every fortnight, which I am sure will also effect them.

daska

If CAFCASS are actually speaking in terms of having no doubt as to the outcome - they made it very clear in DSD's case that there was not even the slightest possibility of her returning to her mother - then that's a very good sign for you. But at the end of the day the solicitor does what they're instructed to do by the client so it doesn't necessarily mean they'll roll over and play dead, DSD's mum still thought she was fighting a residency case 18 months after the permanent residency order was made and despite being limited to supervised contact!

There's nothing to stop you ringing admissions to check where places are currently available and to get hold of any relevant forms you might need to fill in, it looks good if you've investigated solutions before the problems present themselves. There's a big difference between advising on current availability and 'doing' anything, just say they'll be moving into the area and ask where there are spaces.

Also, if he is still contacting you and issuing threats then you need to make yourself unobtainable. Change your number - it took Orange a matter of hours when we had to do this - and get a cheapy just for him so you can turn it off when you need space. If there's any truth to the drug threat then you may have a problem but unless he has some form of evidence or reason to make then allegation then TBH the courts have heard it all and will quite probably treat his ravings with a barely concealed contempt. DSD's mum tried it and the court didn't even contemplate sending her dad to be tested.

Is your solicitor going to press for an urgent date? If the CAFASS report is that unequivocal then I would have thought it would be sensible to consider.

Best of luck

RainbowDreamer

I need to be contactable to him whilst he has my children.. for incase of emergency. BUT he has been arrested in the past for harrassing me via text message and he knows if he continues he will be arrested again.
Which is why I am hoping if court decide on weekend only I can see if I can refer it to a contact centre for drop offs and pick ups. as then I can block him from contacting me and in case of emergency he can contact the contact centre who can then inform me.

daska

Threatening to accuse you of taking drugs in front of the children is just that - a threat!

You DON'T have to use your main number for him to contact you. Change that, give the new number to solicitor, friends, family etc and get another one that you only use for him. It works, we did it.

RainbowDreamer

I have now recieved the full cafcass report. In it it recommends telephone contact one day a week. So I am going to get a new sim card and a cheap second hand phone, and I will give that number to him.
I will keep the phone turned off until the day he sees the kids until they come back.. and obv for the telephone contact.

I am now very very concerned as to how he will react after reading the report... it says so much bad about him!

mum2one

I've spent literally the last 2 yrs figthing my ex through courts, my situ different as ex never seen his daughter, in our case the court did take the recommendations of cafcass on board and basically went along with their recommendations.

When we we due the final hearing which meant we were both to give evidence, he suddendly rolled over and agreed to cafcass recommendations, (my reckoning is his statement had got that many holes in it, it would have shown the real him), but for me there is a chance he could reopen the case.

Any harresment you get please please report to the police and to the solicitor get everything documented.

puddy

mostly the judge will go along with the recommendations that the sw makes, especially if the report is well written enough to show the evidence for why the recommendation is being made

in rare cases the judge may disagree, either with small details of the recommendations or all of it. i never had any orders which did not go along with my recommendations but it does happen rarely

as long as the evidence is clear and substantiated, there is no need to disagree with the recommendations

daska

RainbowDreamer wrote: »

I have now recieved the full cafcass report. In it it recommends telephone contact one day a week. So I am going to get a new sim card and a cheap second hand phone, and I will give that number to him.
I will keep the phone turned off until the day he sees the kids until they come back.. and obv for the telephone contact.

I am now very very concerned as to how he will react after reading the report... it says so much bad about him!

Presumably you got a court date set? Ours were usually set months in advance. You have a dilemma though, try and get a date sooner to overturn the current order and risk not having the CAFCASS officer present or wait and hope that they are around if the Judge wants to query/ go against their recommendations. Personally, if the report is that damning I'd take the risk and opt for the former.

DSD's mum tried to get our CAFCASS officer removed from the case but the Judge refused and was very critical of the request being made so don't assume that he can just call the CAFCASS officer's reputation into doubt and get away with it, they're usually extremely experienced.

It's always possible that his solicitor will advise him to cut his losses and he might listen - let's hope for that outcome.

mum2one

Just popped by to see how your feeling, as daska said there should already be a date,
It may be worth ringing your solicitor to see what type of hearing it is, - if its listed 30mins/1hr - then basically be an open shut case.

cafcass can be called to give evidence, but that would be arranged for a day/2day hearing.

From what you said he's disgraced himself in court, he'll show his true colours soon enough.

we're all here for you xx

marywooyeah

in a nutshell the Court usually follows the reccomendations of CAFCASS but the s7 reports are sent to your solicitor first usually, who then forwards a copy to you, therefore your solicitor should already be aware of the contents of the report.

I'd contact your solicitor for further advice but if the reccomendations are as you say coupled with the fact that your ex has fallen into the Judge's bad books then it looks likely that the children will return to your care.

please keep us updated!