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[Solved] ADVICE FOR FINAL HEARING WHERE CAFCASS IS RECOMMENDING NO CONTACT

 
blackkent
(@blackkent)
New Member Registered

Hello Everyone,

Basically, I am involved in a second CAO proceeding. The first one over a year ago went pretty badly and allegations of Domestic Abuse was believed to be true in court. I was given indirect contact and told that until those issues have been addressed, Direct Contact will not be given.

I attended a DVPP and my final report was excellent. I also attended a Parenting Programme which I self recommended.

I re-applied to vary the judgement. CAFCASS at first recommended that a period of one year needs to pass before any form of contact will be considered. Mother claims that my cards have been inappropiate because I called my daughter beautiful and I am trying to manipulate her with sweet words because she is only 4.

Mother is currently asking the court for a period of 5 years to heal before any contact will be considered.

CAFCASS had a telephone interview with me and not-suprisingly lied in the section 7 report claiming that I apparently said mother held some responsibility for our past arguments and that there is no further evidence to prove a sustained change of behaviour. Hence they are recommending no contact.

I have met every requirement by the court
A period of one year has already passed without any involvement in conflict
There is no evidence of wrong doing.

The matter has been listed for a final hearing. Is there any advice you can give me to beat CAFCASS and prove their report to be biased as they clearly hold some power in the courts but in this case, there is no evidence to support their claim.

I have a character reference from a family friend, my boss and I have a good report from my DVPP.

What are you honest views with regards to this and has anybody successfully beaten CAFCASS ?

Thanks

Quote
Topic starter Posted : 25/07/2019 4:19 pm
Bill337
(@bill337)
Famed Member

hi,

take a look on the direct access portal. there are some barristers who are very experienced and have been involved in cases where they convinced judges to go against cafcass recommendations.

ReplyQuote
Posted : 27/07/2019 2:18 am
Mojo
 Mojo
(@Mojo)
Illustrious Member Registered

Hi there

It’s clear that you’ve put a lot of effort into trying to get your relationship with your child back on track, I would concentrate on making the points you’ve made here strongly and look for research and case law to back up your argument.

Whilst the courts usually follow CAFCASS recommendations, it’s not always the case, so you’re in with a chance... it’s impossible to predict what the outcome might be unfortunately, all you can do is give it your best shot.

If you can afford a direct access barrister, it would be a wise move... self repping is doable, but when there’s such a lot at stake and the case is complex, it’s advisable to go down that route if possible.

All the best

ReplyQuote
Posted : 31/07/2019 3:22 am
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