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ex partner, CAFFCAS...
 
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[Solved] ex partner, CAFFCASS and solicitors.


Posts: 26
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Topic starter
(@flybe1971)
Trusted Member
Joined: 14 years ago

Hi
I have put on here a posting under the heading partner, caffcass and own solicitor. But sadly I cannot pick up any replies to this.
I have an update and wonder if some advise can come to light.
A friend contacted the NSPCC regarding my daughters condition she has been arriving in. NSPCC say there is a case of neglected and needs more information from me. Which I did. I don’t want my daughter being neglected and I don’t want to be associated with aiding this.
NSPCC made a referral to Social Services and on Wed my daughters mother was interviewed by them. Since then I had a text from her saying No more texts please, will email you on a need to know basis regarding our daughters progress.
There is no contact order in place, its an agreement she was happy with. My contact has been removed, I have changed solicitors and the new one is a bit more on the ball. I had to pay £90 for the case to go back to court for the following. For my daughters mother depression to be investigated and a report made. For a court order to be made for contact.
Would Social Services mention who made the calls to my daughters mother?
Can Social Services prevent contact taking place?
Thank you in advance.

1 Reply
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(@Filmmaker_1970)
Joined: 15 years ago

Honorable Member
Posts: 458

Hi,

I noticed the problem with your other post. Here are the responses that you couldn't retrieve. Hopefully they'll be of some use to you:

Re: problems with exPartner, CAFCASS and my own solcitior.

Postby actd on Wed Aug 17, 2011 4:08 pm
Hi,

My understanding of the work of a solicitor is that they work to your instructions - they can advise that what you are instructing them to do isn't in your best interests if they feel that way, but ultimately if you tell them to do something, they either do it, or they can refuse to act for you. Your solicitor should have a complaints procedure, and the fact that you are seeing the senior partner suggests that you are following that so far. If you get no success, then this link may be helpful:

http://www.lawsociety.org.uk/choosingan ... scheme.law

actd

Re: problems with exPartner, CAFCASS and my own solcitior.

Postby Filmmaker_1970 on Thu Aug 18, 2011 11:47 am
Hi Flybe1971,

ACTD is correct about the complaints proceedure and it appears that you're following the right course of action. I had similar feelings about my solicitor after giving her my initial instructions. I didn't feel she was committed to my case. My ex had also become pregnant, which put a huge delay on court proceedings. I have to say that, as the months spent waiting for a court date went by, my relationship with my solicitor improved. This was largely down to the fact that over this period my solicitor began to notice the contradictory behaviour of my ex, which seemed to give her more confidence in me and, consequently, my case.

You mention a letter of complaint that you made to social services, of which four areas of your grievance were supported. What point did they not support? It seems to me that the letter you received in response to your complaint is key to demonstrating that social services have treated your concerns with a lack of objectivity and fairness. I also cannot see how CAFCASS are qualified to make judgements about the state of your ex's mental health without a medical report or doctors letter to substantiate it. I share your concerns that a CAFCASS report should have 15 inacuracies in it and also that your solicitor has not queried them, but without further information I am unable to offer suggestions to whether these will be of any consequence to the court.

It seems to me that your solicitor needs to explain his/her overall strategy for supporting your case in the court. I hope things go well with your meeting with the senior partner and that matters improve as a result.

Filmmaker_1970

Re: problems with exPartner, CAFCASS and my own solcitior.

Postby actd on Thu Aug 18, 2011 12:13 pm

I'll add one more point - the first Cafcass report that I had (about 60 pages) had some inaccuracies - I pointed these out to my solicitor but he felt that correcting them wouldn't materially alter my case, so we left them as they were. It may be that your solicitor felt the same way, depending on the severity of the errors, BUT, in my opinion, he should have discussed this with you and got your agreement to disregard them.

actd

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