Does anyone have any understanding/experience of how much weighting the cafcass report actually holds in court?
I have my final hearing at the end of this month and the cafcass officer has just submitted their addendum report which involved interviewing my two young children at school again. Both my children told the officer that they want to live with me amongst other things about how they miss me, and the officer is claiming that I am telling the boys what to say, alienating them from their mother, and emotionally harming them!
this is completely untrue and both children are fine but just want to see me more.
I am disgusted by the bias in the report to my ex wife, it is actually shocking. The cafcass officer seems to make things worse! Does anyone have experience where the cafcass recommendation wasn’t taken by judges?
thanks!
hi,
what recommendations did cafcass make in the report?
@bill337 hi, she recommended the this addendum report that her recommendation remain the same as in the previous s7 report which was “Thursday to Sunday every other weekend with all school holidays split equally” however, she has recommended in this report that my children still have contact with me on a “fortnightly basis” so it doesn’t match up.
also, the agreement isn’t my ex wife has been in place for over 2 years now that I have my children Thursday - Monday every other weekend (so 4 nights out of 14) and we split all school holidays equally.
I am simply seeking an increase to 50/50 so 3 extra nights during term time as my children continuously ask to spend more time with me.
@dadseekinghelp44 recommendations come across as very one-sided. I had similar in past, where cafcass told me the mother can not stand to be away from kids for more than 3 nights. and this is what she recommended in s7 report! recommending only 3 overnights with father during term time and holidays. I disagreed with it and thankfully the judges also disagreed and gave more time. how old are the kids and do you live far from them?
@bill337 they are 9 and 7 and I only live ten mins from their mum’s home and their school.
But the cafcass officer is suddenly claiming I am trying to alienate the other parent and causing emotional harm to my kids which is just bizarre!
I suggest the following for the final hearing:
1. Make it clear WHY you want more time with the children e.g spend time with them after school, make them dinner, be in their academic life and help with homework, bed time stories to.
2. Tell the judge that you understand the importance of children spending quality time with mum and dad, and that.
3. Not over invest in trying to dispute the Cafcass report line by line.
Remember: When making final orders, the court has to explain their judgement and it can only be underpinned by facts. Coaching and alienation can be difficult to prove, especially is the Cafcass report contains words like ‘may’, ‘could’ or might have.
If the children say that they want to see both parents and there are no proven safeguarding concerns, then the judge will focus on that and ignore allegations that are irrelevant for future contact.
