Hi there
Just a couple of questions if that's ok?
Apart from the previous criminal record for cultivation, are there any other reasons that CAFCASS has given for recommending the children return to live with their mother?
Who started the court application and what exactly has been applied for? Are you in front of Magistrates or a judge?
Do you have a solicitor and how far along are you with court, how many hearings have you had so far? Have you been asked to provide a statement at any point yet?
The court will, more often than not, go with the CAFCASS recommendation, but not always. It's very difficult to predict outcomes, as it has a lot to do with the caliber of judge, if they are thorough and fair and control the proceedings well, then outcomes tend to go more favourably.
If you have been previously assaulted and have proof that it happened, for instance a police report or medical treatment, you may be entitled to legal aid for a solicitor, depending on your income.
If a home visit by CAFCASS wasn't specified in the order, or ascertaining the wishes and feelings of the children, they don't have to do so, although to transfer residence back to the mother after 6 months, I would have thought this was necessary. You could call the person that prepared the report and ask them why the felt it wasn't necessary, if you're unhappy with the response, you can ask to speak to their manager about it.
if you haven't been asked to prepare a statement, you can write to the court and ask for permission to file one, if they allow it you can then respond to the CAFCASS report and provide evidence to back your sideup, things like letters from the school to say how much better the children are since being with you, that kind of thing.
When the children were with your ex, were the children involved with Social Services as children in need? If they were, that would show that they were neglected, how about a Health Visitor or GP, letters from professionals like these would also help.
All the best
I'm back in court the 4th September so don't no what they are going to do I hope to god they don't take the caffcass advice as my children will be devastated
I took it to court after the attack she has been cautioned for it and I have a she has a 12 month molestation order out against her for a year I do have a solicitor the next hearing on the 4th will be the 6th one she has no beds in her property they have also said because of numerous break ups there afraid I will just decide I've had enough but tried to explain it was because I didn't want my children seeing or hearing there mother kicking off at me all the time also we both had hair strand tests she came back as heavy cannabis use and I was clear
My children habit been involved with social services but her children to a previous partner have because her ex injected his friend in her house the guy died and he left him there for the kids to find in the morning
I applied for full custody they gave me report after she attacked me
Stretch - I am guessing the report you are referring to is the Schedule 2 Safeguarding Letter as opposed to a Section 7 Report? Given that you have both worked hard to reach agreement and even the mother has said that she thinks it's a bit OTT, I can't see them backtracking too far. Do you have Magistrates or a District Judge?
Kev - do you have Magistrates or a District Judge? It sounds like you have an awful lot to challenge within the Section 7 Report and will have an opportunity to do this via cross examination and possibly with a statement before the final hearing.
Good luck to both
I have a majistrait my solicitor has said that I've to disagree with the statement on Monday and it will be adjourned until the final hearing but they may take kids out of my care because of the report this is what I'm afraid of as there going back to school the next day and I also no they won't after 2 months give them back I'm really worried can't sleep
I wanted to provide an update to my case. I made a formal complaint in respect of CAFCASS and their dealings in the matter which were at best, one sided and I would argue, prejudiced against me in that they kept certain factual elements of my interview out of the report and misrepresented elements my ex partner put forward by including certain points of opinion rather than fact. The result is a formal meeting with CAFCASS to discuss their failings. My court case which was due to take place in October has been vacated and the district judge has made a final order for me to see my children for three nights one week and two nights the other. I'm obviously elated and glad that my ordeal is over having spent thousands to have what I consider to be a human right not just for me but more importantly, for my children. It is for that reason and the little experience I have, that I am willing to offer any dad's going through the same ordeal, emotional support or any help I can to help get you what you and your children need. My court battle was over and done with in less than 4 months with a final order made so if I can offer any support, feel free to message me and I'll do my best. I am not legally qualified in any way but sometimes, just some friendly words of encouragement can go a long way. Thank you all for your support.
That's great news for you and your children and thank you for dropping by and updating us.
Perhaps you could start a new topic explaining the complaints process that you went through with CAFCASS, I'm pretty sure the other members would be interested to learn more about this. Did it have any bearing at the final hearing and did your ex speak up in your favour over the report?
All the best and well done!
Hi mojo.. I posted a new topic.. CAFCASS - doing it the right way. In the end, we came to an agreement by consent prior to the final hearing where Reliance on the report was not required. Many fathers are not so fortunate and I'm determined to ensure CAFCASS and their Willy nilly approach to such matters is stunted by fathers standing up and speaking out when they don't get it right!