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involvement of Cafc...
 
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[Solved] involvement of Cafcass


Posts: 2
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Topic starter
(@PFATH)
New Member
Joined: 12 years ago

Can I request NO INVOLVEMENT by Cafcass when I apply for a court hearing regarding contact?

8 Replies
8 Replies
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(@daver)
Joined: 12 years ago

Noble Member
Posts: 1020

Hi,

I doubt it as they will be involved if the judge requests them to be. i.e Schedule 2 letter or section 7 report.

What is the reason you do not wish them to be involved if you dont mind me asking?

Regards,

Dave

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Registered
(@dad-i-d)
Joined: 14 years ago

Noble Member
Posts: 1306

As soon as your ex makes a claim of anything like Domestic Abuse or Violence (DA / DV) or suggests you’re a risk to her or your child CAFCASS will be order to carry out an assessment of you.

You will be contacted by them to speak to about your side of the story / events etc… they will then decide who they believe and make their recommendations to the court.

This is where your ex could make all sorts of claims and allegations and you will have to provide proof that you have not done any of what she’s claimed or admit what you’ve done and prove you’re then doing all you can to change things.

By this I am of course playing the devils advocate here…..if you’ve done anything that could be classed as DA or DV or that was a risk to your child then you need to be honest with them….and seek the help to fix that….anger management course, parenting courses etc…
Obviously if you’ve done nothing wrong then you need to find ways to prove this…..walking in to meeting or speaking with the CAFCASS over phone or emails and having proof of your claims is the best you can have.

My ex claimed DV…I provided police reports/notes from the only argument that she called the police on…….their notes made a great case for me to prove she was being unreasonable…the officer and the DV support officer both wrote in their notes this was an argument and any reasonable person would have not classed it as anything other than that….no evidence of DV!!!
Then during CAFCASS meetings where they saw the interaction between me and my son they observed her reluctance to let go of our son and her subsequent complaints of how they had treated her in taking our son from her and in to contact with me.

Again all great for me defending myself against her and building my case for the need for the contact order to be granted.

Yes there are some CAFCASS that seem to believe the other person over you but it has to be down to facts in the end……if you can’t prove you’re not what the ex claims then you could have a long ride ahead and you may have to jump to your ex’s demands to see your kids.

However if you have one like mine then no matter what proof you have you may have a fight every few months when she breaks court orders.

On the other hand you may have a reasonable ex who really does see the need for you in your child's life……I hope its this one…….if not then there are many of us here who can offer our personal experiences along the way.

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(@oldbutnewdad)
Joined: 12 years ago

Estimable Member
Posts: 100

my ex made an allegation towards me, stating the reason I was not allowed to see my daughter was because i would harm her.

I took her allegations to the police and social services who didnt want to know, twice in fact. But finally after getting to Court and explaining everything to my CafCass officer, she was then able to finally track my ex down, confront her with this, then she got the Police involved who after investigating her side of things took her to task by asking why had she left it so long to bring to their attention, and then they deemed it as nothing in the incident, and threw her allegations out. Deeming it as normal play if it happened and i have nothing to answer too.

If it wasnt for my Cafcass officer my ex would still hold this against me as a reason for stopping me having contact with my angel.

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(@boycieuk)
Joined: 12 years ago

Prominent Member
Posts: 555

Heya,

in a word matey, "unlikely", basically I guess all parties have to be seen to be doing and safeguarding agencies are employed to investigate these sort of things (whether or not this is an appropriate use of public resources is a separate matter).

Key thing is to ensure you have contact, once you do it to build upon this.

You have demonstrated reasonable behaviour highlighting the allegations and no further action was taken.

Just work on the contact and jumps through the hoops and never lose hope as the truth always comes out.

Good luck!

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 Mojo
Registered
(@Mojo)
Joined: 12 years ago

Illustrious Member
Posts: 8551

I am aware of the odd occasion when NYAS have performed the same function as that of CAFCASS, whether this can be requested I don't know.

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(@Nannyjane)
Joined: 13 years ago

Illustrious Member
Posts: 5426

I've had a look to find out some information about NYAS. I think they do offer legal assistance but it appears only when the child is a party in legal proceedings.

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(@PFATH)
Joined: 12 years ago

New Member
Posts: 2

Thanks to you and all the other guys who so kindly responded. I fear to give you further info as we have good reason to fear Cafcass and I do not know who can read these posts.

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(@Nannyjane)
Joined: 13 years ago

Illustrious Member
Posts: 5426

Don't worry you are right to be cautious, this is a public forum and we urge all members to be careful about giving too much information....avoid using real names, locations, ages of children and that way it makes it difficult if anyone is looking.

If there's anything you want to discuss privately you can always send members a private message.

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