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CAFCASS report and courts

 
Warhammer
(@warhammer)
Estimable Member Registered

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. 

Quote
Topic starter Posted : 08/02/2022 1:50 pm
Bill337
(@bill337)
Famed Member

Hi,

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.

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Posted : 08/02/2022 3:16 pm
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