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[Solved] CAFCASS


Posts: 6
Registered
Topic starter
(@bluenose68)
Active Member
Joined: 12 years ago

Hi All;

Im new to this so sorry to ramble on but I urgently need advice and has this happened to anyone else

Im a 44yr old with 2boys 9yrs & 5yrs (of which the 9yr is from a previous relationship and I have residency), I have recently split (Jan2013) with my wife (the mother of my 5yr old). My wife is currently denying me contact with my 5yr old so being a responsible father applied to court for contact of which I attended the 1st hearing on Weds this week. I have tried to keep in touch with my 5yr old as much as practically possible, ive brought him a cheap pay as you go mobile but my wife refuses to let him have it, so to show willing to the court i have tried to call him twice daily at 7pm knowing full well he wont answer and then followed by sending a text, this process has gone on for 7weeks or so. I have also stolen the odd 5mins here and there with my 5yr old as he attends the same school as my 9yr and would see him briefly on school collection but this isnt often due to work.

Following my application i was told I would get a telephone interview from CAFCASS prior to court, this did happen but was only approx 1minute. Upon arrival at court I was advised that CAFCASS hadnt spoken to my wife so interviewed her on arrival, she spent nearly 1/2hr with them and then accused me of domestic violence and mental torture, something which is pure fabrication, catching even her solicitor off guard. Apparently the whole issue was to emotional for my wife and when questioned would only comment that there was significant DV & MT in our relationship. so nobody has any details. To my horror the gutless CAFCASS falling for the sob story left the situation with no recommendation and the court airing on the side of caution have stated that only indirect contact is to be allowed until investigation is completed and returned back to court in June.....Im totally distraught crying myself to sleep the last 2nights (not an easy thing to admit), im not allowed any contact only a letter via solicitors every 2weeks, i cant even collect my 9yr old from school, i have to call the school and ask them to hold him back to 15mins to allow time for my wife to clear the premises. When i stated that this is also effecting my 9yr old i was advised "well they school together and its only 8weeks"!!!!!!. to make matters worse CAFCASS wouldnt allow me to sit with them after my wifes interview as they were to busy and i feel totally helpless whilst this process happens. I have a good solicitor and even he has said that CAFCASS have been extreme especially when no evidence was presented

I know some women go through really bad DV and my heart goes out to them but to fabricate for the sole purpose to cause total misery i find appaling. Any advice people to help me.

Regards

Tony

11 Replies
11 Replies
Registered
(@Nannyjane)
Joined: 13 years ago

Illustrious Member
Posts: 5426

Hi Tony and welcome 🙂

I completely understand your distress and wish there was something that I could advise, at the moment theres not a great deal you can do. You need to prepare your case now for the next hearing but it can often seem to go terribly wrong at the first hearing but gets back on track once the case goes back to court. Your solicitor should have spoken up about there being no proof of DV and mentioned that her legal team had also been unaware of these allegations. Did he try and argue for supervised contact?

Heres a link to the CAFCASS website www.cafcass.gov.uk/contact_us/feedback_and_complaints.aspx You will see that they advise getting in touch with the Manager of the particular CAFCASS officer that dealt with your case and voicing your concerns. There is also a complaints procedure and information on that is on the link I provided....

Also there is a gentleman called Brian Hitchcock, he is the Director of Legal Services for Mens Aid which is a group that helps men that have been physically abused by their partners, but they also help with false allegations too. This guy is also an External Shareholder of CAFCASS and he states on his website that if anyone has any concerns about the way CAFCASS is handling their case to get in touch, either by phone or email.

Mens Aid Helpline 0871 2239986

Email: brianhitchcock@gmail.com

Dont give up hope, this situation can be turned around at the next hearing, you just have to stay strong.

In the meantime you could speak to the childrens school and explain what is happening, be careful not to be derogatory about the ex but just share your concerns about the separation issues for the children and perhaps ask if the school could facilitate extra contact during the school day. This might help to alleviate some of their distress at being separated. Young children cant vocalize their feelings but they will be affected by this. It also shows that you are putting the children first and are making an effort to limit their suffering.

Best of luck 🙂

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Registered
(@bluenose68)
Joined: 12 years ago

Active Member
Posts: 6

Hi Nannyjane;

Thanks for your swift response and support.

My solicitor did try to speak up and push for supervised contact but the court kept stating that they were not willing rule as CAFCASS couldnt recommend anything due to the emotional state of my ex.....My solicitor did say that things have changed since the Baby P incident & the release of Clares Law which is good to know but no help to me in the slightest..... I still cant believe that this type of thing can happen especially with no evidence, my kids are the world to me and the whole incident has left me feeling hollow but i have to be strong for my 9yr old and give the typical smile routine.......

I will definately use the contact info below for Brian Hitchcock but with the way i feel at present i dont feel i could contact the CAFCASS officer without speaking my thoughts and i believe that may not be best in the long run.

I also never even thought about asking the school for extra contact for my boys and will write a letter for the headmaster this weekend to see if this is plausable

Again thanks for the help and support

Best wishes...........................

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Registered
(@Goonerplum)
Joined: 15 years ago

Noble Member
Posts: 1855

Bluenose - wow what a shock to the system.

I can't imagine how you must be feeling at the moment. Stay strong for your kids. Keep us posted with how everything is going.

Gooner

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(@bluenose68)
Joined: 12 years ago

Active Member
Posts: 6

Folks

I really appreciate the support, it's nice to have a shoulder, I will keep you updated

Best wishes!!!!!

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Registered
(@Nannyjane)
Joined: 13 years ago

Illustrious Member
Posts: 5426

...You're welcome Tony 🙂 ...and yes, please do keep us posted!

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 ak57
Registered
(@ak57)
Joined: 13 years ago

Prominent Member
Posts: 623

Hi so sorry this happened, your wife has pulled a blinder. She has probably read that stating DV will entitle her to legal aid and slow the process down. The court have no option but to act on what cafcass say. Like Nj said theres not much you can do but prepare, try and think of what she may come up with so you can be prepared. You know the truth and you will see your little boy again, when cafcass start doing the proper interviews it will show up how your wife has made things up to stop contact. Stay focused ...

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Registered
(@Nannyjane)
Joined: 13 years ago

Illustrious Member
Posts: 5426

It's always a good idea to keep a diary and record everything involving your ex and your children. Keep all texts and copies of any letters or emails that you send or receive.

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Registered
(@Richie_P)
Joined: 12 years ago

Eminent Member
Posts: 21

I feel sorry for you fella. I had my first court date for contact this week and as a way of getting myself and my ex (haven't spoken in months) to come to an understanding we had a mediation session with the cafcass officer. To be blunt is was a complete was of time and it all seemed to favour my ex-wife, suprise, suprise! The terms were absolutely outrageous and it appears that can say as much outlandish rubbish and fabrication and they are deemed the ones with the biggest case! I have come to the conclusion that this country appluades lies and deceit and looks down on honesty and integrity.

My advice is to get a good solicitor and just pay, do not bother with mediation as this in my opinion is another waste of time and money and don't bite to her lies, keep on the straight and narrow, but after this week I can understand why some fathers go to extreme lengths to be with their children. The sooner the law changes the better!

Good luck and I hope that you stick it to her and get access, that in itself will rub her nose in it!

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Registered
(@bluenose68)
Joined: 12 years ago

Active Member
Posts: 6

Hi all

Whatever happened to this word "equality" that seems to keeps being used in today's society, the law does need to change for both male and female, I do have a good solicitor who I have dealt with several times over the past few years (he helped me win my 9yr olds residency case) but even he was shocked at the CAFCASS decision. Yes my ex has played a blinder the good old water works routine, the joke is she left me, moved into one of her friends temperarily and then claimed to be homeless, I have had torid few months trying to see my 5yr old so went to court armed to the teeth having experienced this process before. I had telephone recordings of my ex being verbally abusive, making violent threats and wishing car crashes and disfigurement on both me and my 9yr old (recorded 4days before court), then 2days before court she drove over to the house to shout abuse through the letter box, this all recorded on my cctv and images taken to court, i had text message screen prints as well - one from beginning of February clearly stating "i have read and read and the only way i can get help is to go homeless and deny u, I will pretend whatever to get a refuge to take us in"....... I have a contact journal which I have filled in since she left fully detailing everything, all this was taken to court....... So as you can imagine I was proper pissed when I got the result I did

When the court ruled as they did my solicitor wouldn't let me issue the evidence, he basically said that were not going to give her the heads up, she has been given 4weeks to respond, then it's our turn.... We issue our response plus my evidence and we fry her, my only concern is I don't know what she can issue, this worries me intensely as its going to be fabrication and I've seen how the court reacted on the 1st hearing and while all this goes on my 5yr old goes without his dad and 1 half of his family..... Sad part is im worried that all my attention is going into fighting this and still need to make time to be dad....... Going to be a long summer

Richie, I fully feel your situation though I hadn't got to mediation, had the 1st individual interview with them but as there is an allogation of DV this has been frozen......

On a good note have spoken to my 9yr olds mother and she's going to do a parenting statement for me 🙂

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Registered
(@Richie_P)
Joined: 12 years ago

Eminent Member
Posts: 21

I kept all the same sort of eveidence as well, emails, abusive Facebook postings and me being followed to my nw address by various people. Emails hacked along with my twitter and facebook accounts. Abuse hurled outside of my daughters school all with CCTV footage, yet the claim that i threatened to kill her without any proof was the only thing mentioned, they couldn't have cared less about what I had, so it is injunction all the way. I still haven't heard where I am supposed to be picking my daughter up from ad the time, the whole system is quite franly a joke!

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Registered
(@bluenose68)
Joined: 12 years ago

Active Member
Posts: 6

hey folks just a quick update..............

2weeks on from the allogations in court and we still have no info regarding her bulls**t, she has till 17th May to issue statement & scott schedule to the courts and here's the shocker........ she is having trouble with her legal aid............ :D, her solicitor hasnt even spoken to her since court and STILL doesnt know [censored] she is claiming to have happened and will not commence her case until the legal aid comes through and my solicitor has said it looks slim that she will be able to comply with the court order.

Solicitor is ready with pen poised for an emergency direction request if the evidence doesnt appear, the plan...... get her to court, sit her in the dock and barrister her [censored]...... hopefully if this happens it will be the best £500.00 i will have spent.....

On a down side the predictability of some women greatly surpasses their brains!!!!! had the good old CSA contact me this week...... doom and gloom I here you say, may be in the long run but hey in the short term it seems that im paying her too much....... hahahaha....... why do women always jump in with both feet, whilst im not an absent father who tries to stealth his earning and dodge his natural right of father hood, that being the hunter gather type bod whos more than willing to provide for his child. I want my son to grow up thinking im his hero (when the cow finally realises I can see him and the courts will hopefully assist) but im loathed if you think that now the she has pulled that stunt that I should bend over back wards when the comments start like "he needs new shoes" etc bladdy bladdy blah!!!!!!. I want to shower him with gifts, i want him to have the best I can but why on earth do they not realise that your assessment means....... YOU DONT HAVE TO BUY HIM ANYTHING ELSE!!!!!!!!!!.....

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