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TOPIC: Autistic Child & Court Proceedings

Autistic Child & Court Proceedings 2 weeks 2 days ago #106462

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I've posted a few times regarding my court proceedings so far.

I recently had my first Cafcass interview since we last attended court in 2016. The main difference was this time that she accused me of various things which Cafcass have advised that they have to look into, I'm assuming that by this the courts will order a Section 7. My ex also told the Cafcass officer that he had Autism (this is new to me) but I managed to speak to his GP today who confirmed this was true. Cafcass also stated she is aware that my ex never made these allegations before and will take this into account. She told me that usually you wouldn't receive a copy of the report due to the allegations but she did say that she hadn't decided yet (unsure why shes undecided).

She has also reported these new allegations to the police a few weeks ago. I hadn't heard anything so chased it after my meeting with Cafcass and was advised that an officer would call me Wednesday (tomorrow).

Has anyone got an experience with going through court fighting for a child with Autism? I wondered if I'm likely to have further issues because of this?

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Autistic Child & Court Proceedings 2 weeks 2 days ago #106469

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Spoke to my solicitor today and he said depending on how Cafcass pieced together both interview will depend on either a section 7 or fact finding. He said all we can do it wait and deal with it as it comes. He also advised me that the fact he has Autism shouldn't make a difference, they'll just look at particular needs if they're relevant.

He mentioned that they won't look at any contact until the fact finding is over but didn't advise how the process works. Can anyone advise? How does it work if she has no evidence of these false allegations?

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Autistic Child & Court Proceedings 2 weeks 1 day ago #106470

Prior to a final hearing any interim contact is reached via consensus and risk. The Cafcass officer will weigh heavily and may make a recommendation.

Right now it's out of your hands you just have to wait.

It's possible you'll get no interim contact, it's possible you'll get some contact.

The court call this a minimal risk approach and it's supposed to not prejudice the final judgement - but we all know this is a farce, but not much you can do about it.

I would look for case law with regards to autistic children. Sorry I have no clue there. This is somewhat specialist and you're probably best served with some proper legal advice.

You may consider asking for an expert advice if his condition is going to significantly weigh on the outcome not in your favour.

Prior contact that you've had also helps. You may also argue it's good for him in his condition to have father contact.

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Autistic Child & Court Proceedings 2 weeks 1 day ago #106473

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I managed to get a copy of a GP letter today which doesn't officially confirm a diagnosis, just states that he shows traits.

What I do find alarming is that it states that mother has "emotionally unstable personality disorder". It also shows her ex boyfriend as attending with her, the same man who apparently assaulted her numerous times 10 years ago.

What do I do now? I'm now very concerned about his safety..

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Autistic Child & Court Proceedings 2 weeks 1 day ago #106474

that GP letter works in your favour. keep it for your cafcass interview, and send them a copy.

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Autistic Child & Court Proceedings 2 weeks 1 day ago #106475

If the GP letter is not conclusive, this will probably need some expert witness.

The business with the ex - doesn't matter.

Her having a personality disorder - likely won't matter unless it has a proven detrimental effect on children - this is very very hard. Even if it is shown to be of some effect, the most likely outcome is she'll get asked to attend some therapy.

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Autistic Child & Court Proceedings 2 weeks 1 day ago #106476

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Shall I email a copy over now or wait till next interview after hearing? I wasn't sure if I was allowed to contact them between hearings.

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Autistic Child & Court Proceedings 2 weeks 1 day ago #106477

if you already have cafcass email, can send it. may save them time doing digging. you may get a different cafcass officer doing your interview, so also good idea to mention GP letters again.

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