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[Solved] S 7 report from cafcass

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(@Tamika)
Eminent Member Registered

Hey. I need urgent advice. I get today report with recommendations from cafcass officer and all that report against me for seeing my son . And I get hearing next week . I don’t like that recommendations . Most of false allegations against me from x and my child. I want to know how I can go cross that recommendations. Or how I can deal with that situation. I can send that recommendations in private for any body can help me about it. Thanks in advance

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Topic starter Posted : 12/08/2020 1:38 pm
(@Ferfer)
Reputable Member Registered

Are you represented for this hearing? A solicitor may be able to advise you better on this. We obviously don't know what has happened or what the section 7 report concerns are, you are welcome to share them on here.
If you strongly deny the allegations, you can request a fact finding hearing, if that is granted, you can then put your evidence across. This will obviously mean further hearings which could take a few months to be arranged.

If cafcass have raised concerns, have you considered seeing your child at supervised contact centre? They will monitor you with your child and give unbiased reports.

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Posted : 12/08/2020 1:58 pm
(@Tamika)
Eminent Member Registered

I don’t have lawyer. And I said already to cafcass I will not see my son in family center . And all allegations from x wife against me is no proof for it. But the problem that x wash my son brain and my son say that he doesn’t want see me because I do horrible things to him He is 9 years old

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Topic starter Posted : 12/08/2020 3:36 pm
(@Ferfer)
Reputable Member Registered

I didn't want to see my kids in a contact centre, but it was batter than nothing, and it also does help as if your ex is saying the kids do not like you, and a contact centre reports back that your kid was really happy to see you, this works in your favour. You should really consider this as an option as for the time being, this may be your only way of getting contact.
If the courts instruct a fact finding hearing, you will then be able to get your evidence across then, but for now, it sounds a sif they are not willing to allow you to see your kid.

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Posted : 12/08/2020 5:51 pm
Tamika and Tamika reacted
(@bill337)
Famed Member

hi Tamika,

i had a brief look at bits of the section 7 report. it mentioned that the child is on a protection register, so that must mean social services have very serious concerns for the child. I don't know what cafcass has recommended in the report. but if they are recommending contact centre, then it sounds like that is the only way forward, if you want to have contact with your child.

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Posted : 12/08/2020 6:34 pm
Tamika and Tamika reacted
(@Tamika)
Eminent Member Registered

Hi Recommendation is
The Court to make a Child Arrangements Order directing that Amir lives with his mother, Ms Xand to have indirect communication with his father, Father in the form of three-monthly card/letters and small gifts.if Father accepts responsibility for his abusive behaviour towards x and if he wishes to address these behaviours, he would meet the criteria to attend a viability assessment to attend a DAPP. This acceptance to be recorded on the Court Order, the court making an Activity Direction reflecting this. Cafcass will complete a risk assessment to determine whether Father for child truly accepts responsibility for his behaviours and if this is confirmed a DAPP referral for a suitability assessment can be made.
Father should to complete an Accredited Parenting Programme such as Triple P which can be accessed online.

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Topic starter Posted : 12/08/2020 7:36 pm
(@Tamika)
Eminent Member Registered

Hi Recommendation is
The Court to make a Child Arrangements Order directing that Amir lives with his mother, Ms Xand to have indirect communication with his father, Father in the form of three-monthly card/letters and small gifts.if Father accepts responsibility for his abusive behaviour towards x and if he wishes to address these behaviours, he would meet the

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Topic starter Posted : 12/08/2020 7:36 pm
(@Daddyup)
Prominent Member Registered

Hi Tamika,

Sorry to hear re this.

Based on what you are saying, it appears the issue seems to be what has happened between you and your ex rather than you and your child, although your child being there will have been impacted and saying they do not want to see you is also not helpful.

However the fact that Cafcass are suggesting indirect contact and then direct contact via a contact centre to resume once you have completed DAPP is positive as they do not feel things are so serious that you should never see your child again.

However you are faced with a dilemma in that in order to progress you have to complete the DAPP programme and you can only do this if you fully accept the allegations made against you.

You choices are to either accept the allegations and work with the courts, Cafcass and see your son. Not accept and stick to your principles especially if all the allegations are false (doesn't matter if there is no evidence only you will know if true or false) and accept that you will probably not see your child until they are old enough to make their own decisions (they may decide not to see you). To challenge the allegations and prove they are false (how strong is your evidence?) and get to see your child. Or to simply walk away from the situation and maintain indirect contact (is there any possibility of video calls? This is also classed as indirect contact).

I would strongly suggest that you seek some legal advice. Depending on the nature of the allegations if you admit them then your ex could go to the police and you could be prosecuted in the criminal courts. Eg assault, controlling and coercive behaviour, harassment, stalking, sexual offences,all of these are serious criminal matters (I've gone through the criminal courts)..

If any of the allegations are the above then seek a law firm that deals in family matters and criminal matters as they will be best advised to tell you whether to accept or not.

If the allegations are not so serious then some will advise just to accept them (you may have to pretend to accept them and convince Cafcass that you do), complete the DAPP course and then see your child in a contact centre for a few months and then outside of a contact centre on your own and build up contact like that.

Hope this help.. if I'm completely off track then please ignore me..

Thanks

Daddyup

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Posted : 12/08/2020 11:11 pm
(@Tamika)
Eminent Member Registered

Hi thanks for ur advice. But I can’t accept that allegations. It’s means As u say that I did it . It’s means that x or judge will direct me to investigate by police. And most of that allegations is wrong. But if I say it’s happened it’s means that I will be fucked my life as criminal. I can’t do it. Because it’s false allegations. I can’t

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Topic starter Posted : 12/08/2020 11:58 pm
(@Daddyup)
Prominent Member Registered

Hi,

It all depends on the nature of the allegations and what you think your ex will do and whether you think she is the type of person to go to the police. Especially to prevent contact.

Some exs will not and just want an acceptance from you that you did wrong, to get help and support to change your behaviour and then allow you to see child. Only you know your ex.

A judge in the family court cannot direct or instruct the police, only the ex can. Also anything admitted in the family courts cannot be used in criminal proceedings as family court matters are private. However it does make it easier for your ex to proceed to the police.

Like I say it does depend on the allegations, what evidence you have etc.

One option could be to deny and defend yourself in the family court, present your case and evidence and see if the judge finds against you. If they agree with you then great if the agree with your ex and find against you then you either continue to deny and walk away or you concede (based on a balance of probability and that you can see why your ex sees things the way she does and why the judge found against you) but don't admit and agree to go on the DAPP course and proceed from there.

However there are no guarantees that Cafcass will allow you on the course unless you admit (im not an expert re this, as they may allow you on if you agree things in a certain way) nor that your ex won't go to the police (as I said only you know that).

Any findings against you in a family court also do not lead to any criminal convictions or a criminal record etc..

I do think you should get some legal advice to look at your best options. As I am only generally saying without knowing specifically what the allegations are..

Thanks

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Posted : 13/08/2020 12:12 am
(@Tamika)
Eminent Member Registered

Hi X used one mistake that I did wrong was in 2013 that I burn my son hand with lighter . And after investigation no further action from police. Next to false allegations that I bet her. Control her money. Harassing. Next to too many false allegations that I hit my son. All that allegations was 2014. And social services involved and then I saw my son in family center then I saw my son normal face to face under and with agreement between me and x. And then we was on conflict because she start preventing me for see my son. Then I still seeing him every 2 months 3 months depends on her. Then she hidden my son for 2 years. Then I applied to court. Cafcass saw social services report and all allegations against me and I said all that allegations is false. During we are in court x went police station and did report against me that I harassed her Or threaten her by email and police say no further action. And I get s7 report from cafcass that my son scare from me and he don’t like me and a lot of bad things about me. It’s my story

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Topic starter Posted : 13/08/2020 12:26 am
(@Daddyup)
Prominent Member Registered

Ah OK thats a little bit clearer now.

It appears that you have no current live matters with the police and that most things appear historical.

Some of the legislation you have mentioned is not retrospective and only applies to offences committed after Dec 2015. However youve said police have closed matters.

After the allegations in 2014 Cafcass did allow you to see your son which is really positive.

So therefore I'd suggest getting some legal advice (even use the free 30 mins with a family law solicitor and free 30 mins with a criminal law solicitor) to see where you stand.

Potentially you could admit in the family courts as the evidence threshold is lower but if it goes to the criminal courts you can deny it as the evidence threshold is higher,

Also certain offences which are summary only offences have time limits to be prosecuted eg summary only offences which are tried in the magistrates courts such as harassment, common assault etc are limited to 6 months and after this cannot be prosecuted. However only a criminal law solicitor/barrister can advise you on this and may suggest that you wait a period of time before pursuing contact with your child so that if you do admit in the family courts you cannot be prosecuted in the criminal courts. Plus what you might think is common assault could actually be considered more serious and therefore an indictable offence and so tried in the Crown Court and there are no time limits on these cases.

All of this is quite specialised. I know what I know as I've been through the criminal courts but every case and offence is different.

You could also consider a direct access criminal law barrister who would probably charge you £500 to review all the criminal matters (police etc) including the stuff from 2014 and then give you a proper professional summary (but you would have to provide all the paperwork). A family law barrister may charge the same for an opinion on where you stand re access to your son. I dont know your financial situation but these are other options.

With a lot of the things being historical I think you should get some legal advice before you walk away.

All the best.

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Posted : 13/08/2020 1:10 am
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