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CAFCASS report and courts

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Hello I’ve just had the CAFCASS interview. I have applied to the courts for 50/50. CAFCASS said that my ex only only as one concern about this, which was am I financially able to support my child. I currently have child arrangement in place. Instead of having the days split over a 2 week rolling period I’ve asked for 2 extra overnight, then varied to one week each. I told CAFCASS that I pay for everything now when my child is with me, 2 extra days wouldn’t be much extra. She then said my ex had said I’m not paying the CMS payment, which I’m not at the moment because I have overpaid and in credit. I am in constant contact with the CMS who know about this. My ex has never asked me why I’m not paying and she has never contacted the CMS about it. I told CAFCASS about this. I also told them I lost my job through the covid pandemic, and that I am actively seeking work. As it happens I now have a permanent new job starting soon. But now I’m worried that my ex will say 50/50 won’t work as I am working full time. My long term partner and my parents are here to help. Can my ex use this against me in court? What should I say in court to reassure them? My ex works but only when our child is in school, which I can’t afford to do. When I was working previously she complained constantly that I should be caring for our son. I’ve been told previously that the courts appreciated I have to work, so I’m hoping this won’t now go against me. What do you think CAFCASS would think about this, she seemed ok on the interview. 

Topic starter Posted : 08/02/2022 1:50 pm
Illustrious Member


I find it quite odd that Cafcass are asking you questions about child maintenance. because child contact arrangements and maintenance are 2 separate issues, so why are you being questioned about it? think this is something you should point out to court. I think he/she was trying to wind you up, accusing you of wanting 50/50 to get out of paying maintenance. if you can explain that your job is flexible enough to do school runs and you have family support, then perhaps 50/50 can work. sometimes cafcass can tell you one thing at interview, but in their report they can write something completely different.

Posted : 08/02/2022 3:16 pm

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