Hi everyone,
I had my initial hearing in November and due to the allegations from my ex about DV (all which are false and made up) I have ended up with a section 7 report ordered with suspended contact in the meantime.
However I hadn't heard a thing from cafcass until i text my case worker yesterday. She has told me that unfortunately a close member of her family has passed away and that she is on compassionate leave until 30th January. However my next hearing is on the 9th Feb and the report must be finished and given to us by 4th February. Does this mean that someone else will be taking on my case? Im feating that they may try and adjourn my case and I will therefore not be seeing my daughter for an increased length. I plan on calling cafcass Monday but its really concerning and I'm really worrying about it. Does anyone know what may happen instead?
Also does anyone know if it is possible to change solicitors at this point as I chose to go for the "cheap" route in which i have a solicitor who is way out of his depth here as he specialises in criminal cases.
Thanks in advance!!
I would say it would be very unfair to have your hearing adjourned further delaying contact with your daughter.
I would call Cafcass to ask them directly if your case and report will be reallocated to another worker, there will be other people who this will be effecting also with her being absent. They should be able to tell you if your case has been allocated.
You say your report has to be in by the 4th ready for the hearing on the 9th? Just a thought- it may well be you receive the report closer to your hearing date - Cafcass could ask for an extension.
My Section 37 report, which was completed by the social services following the section 7, was given to my barrister on the day on the hearing shortly before going into court
The only thing is if you had your report handed to you like this, it doesn’t give you much time to absorb it
Your solicitor- if your a private client and not claiming legal aid, you can change your solicitor easily. You could ask for your case to be passed on to a solicitor who works more closely within the family system within the same firm. If not, you simply email you solicitor asking that you do not wish him/her to deal with your matter and your paperwork/files to be handed to you
Jonathan
Thanks so much for your help! I’m contacting them Monday as that’s when they are open next. I have been so worried about it being adjourned I’ve came here for help and advice!
Just a quick question how long was it that your case was finished after the section 7? She has made allegations of DV but she won’t have any evidence as she can’t prove anything that’s never happened!!
Thanks again
Daniel
My first hearing was on the 1st March last year where the Section 7 was ordered, that took about three months for completing it and until the next hearing which was in June
My case didn’t finish there, a Section 37 was ordered following allegations my ex made and my eldest son who was 10 at the time he was spoken to. It took about the same amount of time - and the following hearing was in the August
I can’t say what will happen with yours - it depends an all sorts of factors
With me, my ex made allegations and my son did, and although there was no evidence and contradictions from my ex the Cafcass officer sided with her - so a Section 37 was requested and was done by a social worker. This is just an in depth report although this turned the tables on my ex
So far I have had a total of ten hearings - and I have a fact finding hearing next week over two days
This is unusual and complex - mainly because Cafcass and children’s services didn’t agree with each other
My god it seems you’ve got an ex that is somehow worse than mine for all the allegations! It’s far too easy for them to turn up and lie just to delay the process. There should be punishments for their lying when found out but there isn’t!! The only difference in my case is that my daughter has only just gone 1 so she isn’t really aware of what’s going on and so won’t be able to speak to cafcass.
I agree totally there there should be consequences- it’s just not fair
If it is found that the mother or whomever the child or children reside with - made allegations that prevented contact something should be done
Especially more so when the allegations are found to be false and especially when alienation has been used
I think I read an article in which Brazil takes tough action where alienation is a criminal offence.
I think that also that certain boxes need to be ticked - for legal aid so it’s likely that allegations are made in order to claim legal aid
My ex also changed my children’s names via the school, and this seems all too common- and that is alienation
Just a thought, about solicitors etc. I used a solicitor along with barristers, and after spending almost 20K I couldn’t afford anymore
Should I feel the need to have legal representation again, I wouldn’t use a solicitor to deal with my matter, I would just appoint a barrister on the day - this price is significantly lower, and is called ‘direct access ‘
I hope this helps
Jonathan
I've got a First Directions this week. The Cafcass report has already recommended a Section 7 but they've suggested Children's Services (local authority) should do it.
I'm in the same boat mate. Ex disappeared with the child, so I got a court order to have them returned home. Only then did allegations of DV appear. She's actually the one responsible for the DV as well which is why I imagine she's made it up because she's assumed I will make those allegations - except I didn't!
I agree totally there there should be consequences- it’s just not fair
If it is found that the mother or whomever the child or children reside with - made allegations that prevented contact something should be done
Especially more so when the allegations are found to be false and especially when alienation has been used
100% agree with this. It would seriously lighten the load on the courts.
My initial Cafcass report was fantastic i was over the moon with it!! It stated that there was no risk from me towards my daughter and once one thing was ironed out regarding safeguarding (it was not finished) I should be able to have my daughter on my own. However on the date of my hearing I had a completely different cafcass officer turn up and she decided to completely change the recommendations to no contact in interim and a section 7 report!! I was devastated.
I have the exact same situation where i have never touched my ex I'm not that type of person. I have however got her on video actually hitting me while she was carrying my daughter. This is something I'm going to bring up as part of my section 7 report as its so unfair that they can simply make these allegations and we are meant to just accept it and not see our kids for X amount of time. Best of luck with your hearing mate, from my first experience what Cafcass says goes.
I had a solicitor and barrister for my first hearing however I don't want to be paying £1300 again for double representation. Instead I've managed to find a solicitor that specialises in family law and so I hope can do the job of the two people I was paying before as I don't really know where the money has gone for my solicitor the first time.