yes a recital should be followed, but what you may experience is your ex ignoring it. recitals can not be enforced. my ex ignored recital about increasing contact with child. so i ended up returning to court to have order varied, and put recital into actual order.
sorry me again, I am trying to obtain the Cafcass report as this was sent directly to the court.
The mother is only allowing me to see the 2 eldest kids except the youngest one. I have been speaking to social services and they need to see the report as to why the mother is not allowing me access to our youngest kid.
I have contacted my solicitor and she has advised me
"Cafcass cannot release the report unless ordered by the court. There is sensitive information which may relate to other parties but I cannot be sure.
In order for us to obtain the report, we have to make an application to the court (£155) and also provide skeleton argument for disclosure of the report. The matter will be listed and the judge would need to hear full arguments on disclosure.
I am happy to make the application if you want and provide you with a quote on fees in obtaining this information"
I feel as if the solicitor is trying to get more money out of me, even though the mother is alienating the youngest one from me, but I have to jump through so many hurdles to stop this abuse. Feel if it was the other way around they would of acted immediately.
Can someone advise how to obtain the Cafcass report from court? or is the solicitor right in what she said.
Ermm I would of thought social services could just contact Cafcass and ask themselves for a copy of report. Alternatively you can try and ask for a copy of the report as well from cafcass and explain that social services are wanting a copy and reason being is they are puzzled why you can see older kids but not younger one.
your solicitor does seem like she is trying to make money out of you . what she is expecting to do could easily cost you £750 upwards easily
that's quite strange. in my case 2 cafcass reports were done in less than a year. court ordered cafcass to send report to them, myself and ex. can you check your court paperwork and see what it states about the cafcass report? if your mean't to receive a copy you should ask cafcass for it. sounds like solicitor is trying to milk for money out of you.
On the order the only thing stated by Cafcass is
"Cafcass provided a summary of three safeguarding letters prepared by them in
which both parties have raised issues against the other, but the court is unable to
determine at this stage whether a fact-finding will be necessary, so statements
have been directed."
They read out the report in Court when the mothers Barrister wanted to know what was the outcome.
I just don't understand why they would not send out the report to me and why I require the courts permission even though it was disclosed in court...
Spoke to the Cafcass officer and he said there is nothing sinister going on to stop contact with all my kids especially when you are already getting access to the oldest. but for him to release the report he would require the courts permission and that I will need to continue chasing the court to grant this.
I have continued to chase the court every other day, with the usual response of they have received the email and due to the current climate there will be a delay... but I got a response within a day of my NMO query.. Tried calling them and got the same response "sorry no one is available please try again later"
Cafcass have said the case is now closed with them as they have not been ordered by the judge to carryout any further work...
I was hoping if there was another path to get the report, I have tried the GDPR route and still being told to get the courts permission to release the information.
Not sure if they are trying to withhold it, as we have both been asked by the judge to provide schedule of allegations. Maybe the judge is trying to get a cleared picture of the cafcass report from the allegations we are about to submit and if they add up???
has a section 7 report been done by cafcass? if court does not want to release it, then probably better not to fight it. when is your next hearing and do court papers mention what will happen next? hopefully things will become clearer.
2nd hearing is at the end of September,
Judge said they will decide from the 5 allegations that we have to submit by next week
At the next hearing they will decide if section 7 report is needed.
so you got 3 children . when is the youngest become 2 years old. At moment you got to be patient and let things unfold . Its a very long process family court especially during covid 19. At least you are seeing oldest 2 albeit only for a hour. A lot of dads don't get anything or end up in a contact centre until final hearing.
If I was you I would let your ex raise allegations and don't bother raising any yourself. Reason being is it will prolong the court case and make your ex even more hostile. wether they find your allegations true or false it wont help you much other than cost you more money proving them to be true potentially losing all focus on what is important and that's getting a good contact order
I understand but i just getting the feeling that as her sister is a lawyer, she will be dragging me through the court for years, I think I can cope for another year of this as the bigger picture will hopefully be beneficial for the kids.
I've been asked to provide a witness statement and 5 allegations.
Does anyone have a template of how I should be writing up these allegations or is it simply a scott schedule?
How should allegations be responded too? do you just reply with denied or admitted?
Should I be attaching the evidence to my allegations?
I have a month to response to the allegations and then before the hearing I need to put in a position statement.
there is witness statement info, and a template:
Hey,
Thansk for the help so far, I am responding to schott schedule, I wanted to know if the schott schedule
1. Needs to be responded under the same table they provided or if I can respond to the allegations on a seperate piece of paper
2. can I attach additional evidence to the scott schedule and if so how this can be done to couter the false allegations.
Thanks