[Solved] Challenging a section 7

...wait and see what the report says first BM...there's no point jumping to conclusions at this point. It might not be as bad as you think, and then you will have put the effort inand worried needlessly.

If the report is factually wrong you can ask to speak to the senior manager and ask for it to be amended.

At the final hearing you will have the opportunity to cross examine the person that compiled the report and also your ex.

If you wanted to file a response to the report with the court you can write to the judge and ask for permission to do so....anyway, the judge is likely to ask for statements in which case you can address your concerns about the report then.

You're right i just like mentally preparing myself for every eventuality so theres no panic if and when i get a bad report.

So my response to a bad report is separate to the position statement.

Mojo is right, patience is a virtue in this case.

I have successfully challenged a s7 report, for me the evidences I had and third parties report helped. The most important things are the recommendations.

Hey, can you tell me the steps you took to challenge the report. A (1), (2), (3) etc breakdown of the process would be appreciated.

Thanks.

I know its early but I would rather ask questions and advise with a clear head and prepare for every eventuality. Its just the way I am. Bare with me 🙂

Lol you cannot challenge what you haven't read...patience

lol i know but im just curious to know the steps that I need to take when and if I need to challenge.

Ok, when you first read your report, what did you do? what was the process you went through to challenge it?

Hi again. Firstly, as Mojo says, wait until you receive the report, look at the recommendations and the basis CAFCASS use to make them.

If you disagree with these or the information used; as Mojo says, if you haven't been directed to submit a response statement, you can write to the judge to request leave to submit a statement.

If there are factual inaccuracies, you can ask CAFCASS to amend those immediately.

Anything you disagree with can be detailed in a statement and attach any evidence you may have. Show the court why you disagree with the recommendations, especially if you have evidence as to why.

Good luck

BM,

I agree with all that has been said.

What I would offer in addition to that is as follows, don't worry yourself about the report before you have received it, read it and digested the contents of it. From what you have told us already, you have approached the s7 reporting process in the right way and remained chld focused. So we hope that the cafcass officer does their job properly and reflects the "facts" of the case only, without any undue bias or "opinion".

So fingers crosses you get a positive report.

If things do not go as you hope, then it is quite straightforward to challenge an s7 report. Getting factual errors corrected is the easier part of it. Where it gets a little more involved is where you have to challenge a reports "professional judgement". This is basically where cafcass can say and recommend what they want, without supporting evidence a lot of the time, as it is their view based on what they have heard from the parties. Having said that, from reports I have seen and worked on deconstructing for fathers, cafcass are very eager to rely on certain research and reports where DV is alleged, but oftentime use that research to back up their own personal opinion. So when you break it all down, and apply evidence to the research, the cafcass argument quickly falls apart.

For example, one guy had an s7 report stating that the cafcass "safe contact indicator", derived from research by Sturge and Glaser in 2000, would suggest that direct contact was not appropriate for the child. I located the research and the contact indicator, and nearly all of the criteria to be assessed, based on the facts of the case, had no evidence to support it. In fact evidence existed for the father that supported why contact should indeed go ahead. This revised safe contact indicator was submitted to court as part of the fathers postion statement, and in court, the cafcass report was discredited and direct supervised contact awarded to the father.

So BM, the moral of the story here is that cafcass often rely on opinion of a personal nature, often backed up by flawed application of research. If needed, you can challenge the report in court, and your challenges will be listened to. Your magistrates will be supported by a legal advisor, so will be getting the proper advice on procedure and how to address your concerns. So do not fear. Present all you need to present in a coherent and logical fashion for the magistrates, and you will be ok.

Hopefully you wont need to go down that road anyway. I hope cafcass see that contact needs to progress to unsupervised very shortly, and then to overnights in the next 6 months.

Simon.

Hi Simon, thanks

Just to clarify i get supported contact. Isnt that technically unsupervised since im left alone with my son. The next stage is contact in the community.

Its unlikely that me and my ex will reach an agreement at next hearing, so im gonna ask for an interim order where i can take my son out of the contact centre 9 to 6pm. Exchange at ex's driveway. We dont have to meet her parents can do it.

I want to ask for 3 day contact in community. Its doable.

Is that a realistic request for interim?

My long term goal is shared residency with overnights during the week.

By unsupervised - I meant not within the contact centre, just you and your son out in the community doing your own thing, the same as I do with my son now.

I'm sure that if you get this contact type awarded, then overnights will follow.

I always tell people that getting your foot in the door with contact is the key. You already have a long established pattern of contact happening.

So unless your ex can demonstrate with evidence why contact progression is not in your sons best interests, then you will find contact progressing.

She had made more allegations now as she knows as the case stands she cannot stop overnight contact happening soon. This says to me you are winning the battle. It will take time, but keep calm, keep whiter than white and you will prevail for you and son.

Simon.

Thanks Simon, can you take a look at this thread of mine and offer some advise

http://www.dad.info/forum/legal-eagle/43781-pick-and-drop-off-solutions

Seems like you was once where i was and progressed to unsupervised.