Update on family law advice thread...more advice needed

teabag29

Ok so for those who never read my last thread heres a brief:
My brother and long term girlfriend separated (they have 3 kids), he moved out and continued to see the kids everyday, this continued for a month until she moved 2 hours away without telling him or children what she was planning (children were not allowed to say goodbye to him or friends and taken from school mid week). She witheld contact for a month then asked him to have the children for the weekend.
After the weekend the eldest wanted to stay a little longer and younger 2 went back to her. Fast forward a few weeks and the eldest has diclosed abuse made to her by her mother and grandparents and the son also said that his mum threw him across the room, the daughter has also spoken of watching her uncle roll joints (not in these words) and smoke them infront of the kids and being locked in the garden for an hour while they all spoke about uncles latest run in with the police. They were told by their mother that they must not tell their dad (which is why contact was witheld for so long) and any calls were on loudspeaker so that they couldnt do so.
Brother made an emergency application to the court for residency to protect the children, he was granted an order that eldest stay with him until directions hearing in 9 days. Social services and police refused involvement unless court feel it neccessary.
Daughter hates where her mother lives, is scared of her mother and maternal family and misses her dad greatly, she is adament she wants to live with him and stay at her old school etc.
Since hermother found this out and that my brother has applied for residency her nasty side has come back out, she has witheld contact with the other 2 children and has screamed at her daughter to come home, when that didnt work she ignored her and in past 3 weeks has rang only 3 times and thats been to shout or swear at her or get her brother to shout at her.

Brother in past 3 weeks has been busy paying off the debts his ex left, securing appropriate accomodation for him and his daughter, getting her back into the local school and getting her re-registered with the dr, dentist etc and getting all her check ups done. They are very close, they have a very strong bond.

Brother today has received cafcass letter explaining what will happen and that they will phone him, also mentions the background checks.....this is where the problem lies! Unfortunately he doesnt have a clean record, he has a few cautions for breech of the peace (no convictions or anything serious though). The worrying thing is the surroundings to these cautions, the ex is very sly and when they fell out previously she would not let him into the house, he went to the police and as it was a joint tenancy she could not stop him entering so she rang and spoke to the council who confirmed this, when that didnt work she waited until he had atended a family birthday (as he had been drinking) then when he returned she called the police saying he was threatening her. I know for a fact that he was not as I was on the other phone to her at the time and she admitted she had done this as that was the only way the police would remove him. When the police arrived and removed him he did kick off then, he started shouting etc because he felt it was unfair and ofcourse he had been drinking which made it look even worse.

He is now scared this will play a crucial part in the cafcass report and go against him especially seen as the childrens mother is very devious and he has no doubt she will throw allegations about to get her own way (she is very good at lying, she was previously convicted of benefit fraud and lied on oath).
My niece is very worried about having to go back to her mother, especially seen as shes ignored her for the best part of a month.

My question is, is the caution on my brothers file likely to play a big role in the cafcass report or do they only do background checks to check there has been no violence against the child? Also can the court request that the child go back to her mother after the first hearing? once the first hearing is over the child starts back at school the following week and im guessing once she's back in her old school that it will be harder to move her as she's settled?

bewilderedhelpneeded

Not seen other thread - how old is the daughter?

teabag29

She's 12 and starts year 8 at end of this month (been in secondary for a year now, T.A says she is making great progress there and they hope she can stay, T.A even offered to look after her after school if my brothers shifts at work changed if it would help, the teacher has a soft spot for my niece and doesnt want her to leave but she really has come out of her shell since shes been at that school).

Voyager2002

Well done to your brother for caring so much for the children!

For the CAFCASS report, I suggest that you write a statement detailing the background to the police removing your brother from the house, making it clear that she was lying. And of course ensure that they know about her conviction for perjury, which is going to be seen as a good deal more serious than a policy caution.

Ultimately, what will make most difference is what the children say, and by the sound of things that is going to favour your brother.