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TOPIC: Cafcass Report

Cafcass Report 5 years 9 months ago #58424

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How likely is it for a judge to ignore or go against a Cafcass report which states that things should stay as they are (residence of children) if the absent parent contests it?

From all the information I can find, it seems to be very rare for them to make their judgement and ignore the report regardless of any complaints from the other party.

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Cafcass Report 5 years 9 months ago #58445

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Whilsts theyre is a lot of weight in the CAFCASS reports not all judges will follow them.

Build your case and present as much evidence to support it as possible.

Its all about who has the best argument in the playground on the day. Pantomime in my opinion.

Regards,

Dave
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Cafcass Report 5 years 9 months ago #58449

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Well, the repot makes the recommendation that things remain as they are (children stay with dad) which is what we want. The report isn't glowing in either parties favour and is detrimental to both parties but the final recommendation is for residency to go to dad.

Now just worried that mum will contest, we know she will and will probably ask for another report, as the grounds are predominantly that she is potentially putting the children at risk which of course she is denying.

It all seems to close and yet we all know that things can still trip at the last hurdle.

To date the court has always left things as are, children with dad and mum unable to attend the house. I guess it all seems to close to coming to the desired outcome.

This is an in depth report by the way, s7.

Any words of wisdom would be gratefully accepted.

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Cafcass Report 5 years 9 months ago #58450

I think they will stick with the recommendations of cafcass for sure, they usually ignore everything in the report but go with the actual recommendations, I got made out to be the worlds worst serial killing malicious controlling nut job from hell but then they recommended contact, they're such a joke.

Like Dave said if you can provide a watertight case which backs up cafcass then I think the courts will roll with the report
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I'm no way trained in Family court matters so don't take my ramblings as gospel but I've been through the Court mill and learned so much along the way I just like passing my experience on to other Dads who face this absolute nightmare from hell, you might not be able to beat the system but don't let it beat you :)

Cafcass Report 5 years 9 months ago #58466

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The courts tend not to move children unless there is a really good reason to do so, so even if your ex makes a good case, the fact is that the children are settled where they are and any move would be a disruption to their lives (might be worth hinting at that to the court anyway), so if you add that to the cafcass report, you should be in a good position to keep residency.
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Cafcass Report 5 years 9 months ago #58469

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I should have stated that this will also decide whom resides in the house permanently. Dad currently has interim residency and occupation and mum is living elsewhere with a court order banning her from the house but she wants back in the house and residency of the kids.
So, it wouldn't be the children moving but the resident parent changing if the courts chose to ignore the cafcass recommendations.
I'm just looking to ensure all bases are covered and attempting to ensure as much preparation is done prior to the court date.

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Cafcass Report 5 years 9 months ago #58471

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Still, the children are presumably settled with the current situation, and living with Dad, so there would still potentially be a disruption (and upset for the children since I assume they are happy with things as they are) if anything changes.
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Cafcass Report 5 years 9 months ago #58473

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I agree with actd, the court won't change the status quo unless there are very good reasons to do so. Interim residency indicates that a judge has already found that to be the best position and further judgements aren't likely to be any different.

Of course one must never say never, but you are in a good position and unless she can provide the court with new and damning evidence that puts the children at serious risk then my gut feeling is that it will stay the same.
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Mum and Grandmother, supporting my son who has residency of his son.
I want to see a much fairer system in place, where Dads and their children have a voice that can be heard.
There are many groups of people that have equal rights within our society and its about time Dads were given equal rights too.

Cafcass Report 5 years 9 months ago #58479

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Hi, you have had good advice here.

Is the approaching hearing listed as a 'final hearing'? If it is and the Mum objects, it will likely all be dealt with that day and she won't be able to drag it on any longer. The court have an obligation to give her a fair hearing and listen to her objections but in cases such as these, the court tend to go with Cafcass recommendations but as NJ says, you never can tell.

The best of luck :)
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Mum and Step Mum, supporting my partner through the Family Court maze. I feel passionately about children having a right to a relationship with both parents and am currently in training to be an MF.

Cafcass Report 5 years 9 months ago #58505

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Thank you all for your thoughts. I know no one can give a definitive outcome its just knowing what to expect is helpful.

The next hearing is listed as a review hearing of one hour but something else was also used to refer to it, cant remember what though!

The judge did say about wanting this brought to a close asap.

I take it the ex going after the cafcass woman and attempting to get the report disregarded would be a bad move on her part?

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