How is a section 7 CAFCASS report used in court?

DVardysShadow

RainbowDreamer wrote: »

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.

If they got a clean bill of health from Ofsted and they have a reasonably robust outlook, they may see it as a plus to be able to say 'Although a parent did complain to Ofsted, this was fallout form a custody/separation dispute and the other parent has since sent another child here'

As for the CAFCASS report, if the process is like any other proceedings, the ex [or you] will need to raise specific objections for the judge to need to think about departing from the report. And being CAFCASS, the judge will be inclined to stick with the report unless either a good argument is produced or both parties agree.

RainbowDreamer

Thank you all for your replies. Luckily he has not recieved his report in the post yet. Which means I can collect the children today without major worries of it all kicking off. Though I do worry anyway, as you never know when he will be nice and when he will be nasty.

Cafcass sent the reports to everyone at the same time. Court, solicitors and parents. I think court will set a hearing date once they recieve the report and do whatever is needed with it.

The ex will recieve the report Monday now, so he will have 2 days to get it out of his system and plot his revenge before I have to face him again.

Dependant on how he reacts I am considering asking not having to face him again after court. Maybe see if he has family who can do handover etc and a referral to a contact centre that can fascilitate pick up and drop offs.

A huge weigh has already lifted knowing that I am now seen for the mother that I truly am and that his lies have been seen for just that.
I just have to remain strong for a little longer. And then I can plan my childrens future so that the damage caused can be repaired and to take all this pressure of my beautiful children so they can enjoy life as, well.. children.

flutterby_lil

Good luck RD x

mum2one

Good luck. glad you managed to get the pick up over and no hassle, I would def speak to the solicotor, as with all my hearings (7 so far) at each hearing the next date was set, maybe there is a date and your soliciotor forget to let you know, or in the mist of it all you have put it safe and sound, and can't find it.
The next step is the court date out and done, I would mention to your soliciotr the concerns re what ex could do, and see if the judge says you have to pick up and return to contact centre, i'm guessing its local, he might try to argue that the fact he has to go to the centre (if granted), intrudes on his time, then you would need to show the pick up from your house to his takes x time (miles, minutes), contact centre same basis.
x

Mrs.W_2

RD, I've no experience of what you are going through, but I could not read your posts without wishing you and your children a safe and sound return to living a secure and emotionally healthy life together.

You are an amazingly strong woman.

Ellejmorgan

As I've said before i've been through this, the whole thing lasted 18 months..I won though, it can be done..

I know it's not nice the ex kicking off but he would do you a favour if he did..
You will be told of recommendations before the hearing, in my case the children were placed with me before the final hearing, although mine were slightly different circumstances to yours..

I know how you are feeling, the going in the house with no one there, the emptiness, the feeling lost..It hurt me badly to see others with their kids..
Had mine back over 5 years now, I had to get a residency order to stop the children being removed from my care again...

Now the ex gets 3 hours per month and can't be bothered for that amount of time...

Keep going..

mum2one

Ellejmorgan wrote: »

As I've said before i've been through this, the whole thing lasted 18 months..I won though, it can be done..

I know it's not nice the ex kicking off but he would do you a favour if he did..
You will be told of recommendations before the hearing, in my case the children were placed with me before the final hearing, although mine were slightly different circumstances to yours..

I know how you are feeling, the going in the house with no one there, the emptiness, the feeling lost..It hurt me badly to see others with their kids..
Had mine back over 5 years now, I had to get a residency order to stop the children being removed from my care again...

Now the ex gets 3 hours per month and can't be bothered for that amount of time...

Keep going..

Just plzed you got through it, sorry to ask but with ex not bothering do u just let it slide.
At mo my ex only allowed to send letters every 2 mths thats just a yr, thats bad enough.

seashell25

Hey people, I have just had Cafcass reports written and I have to say they have been amazing! The writer of the report picked up on ALL of my concerns and worrys about my ex having contact with my 2 yr opld daughter. We separated before she was born because of his abusive, aggressive and volitile behaviour. It took him 8 minths to even contact me trhough a solicitor after she was born and just expected me to allow contct. He was awaded contact at a centre 2 hour per fortnight, he had missed 3 sessions due to "forgetting" and has paid a total of £65 in CSA payments her whole life!
I was very pleased with the reccomendations given by Cafcass - Contact 4 times per year in a child centred activity centre, supervised by an adult of my choice that my daughter is familliar with to ensure she does not become distressed.
He is clearly not happy with the report as it edxposes him as the liar he is and it appears he also has some pyscological problems also. He is now sayimng he wants the nx hearing to be ajourned so evidence can be given??

I don't understand what this means? I just hope and pray that the judge goes with the recommedations given by Cafcass. My Cafcass worked said it depends on the judge on the day!? This worries me.....

I do not have a solicitor due to finacial reasons but my ex does and tbh she fights tooth and nail for what they want and so far over tha past yr they have pretty much got what they have wantede! Regardless of the safety of my daughter so unfair!

amyloofoo

Best of luck RD, have been following your situation through these threads and hope you and your kids get the outcome you deserve. My parents had to fight for custody of my 3 gorgeous step-sisters from their abusive alcoholic mother, so I understand how low some people will stoop with false accusations and bullying tactics during custody battles - but stay strong, it will get better :grouphug: