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I had my first hearing yesterday and following the cafcass report from mine and my ex’s phone interviews was fairly confident. Their recommendations were for me to attend a patenting class (triple p) and a contact centre while outstanding safeguarding was finished.
However I turned up to court to find out that a completely different cafcass worker had changed these reccomendations to a section 7 report and no contact at all!!!
She has made allegations that I have been hitting her and shouting at my daughter. All of this has never happened!! She also brought up an instance where my daughter fell and hit her eye resulting in her having a black eye blaming me for a complete accident!!
I’m appealing this in front of a judge within the next few weeks has anyone else ever experienced anything like this and any advice for the section 7 report ?
Hi,
If the respondent is making accusations then they need to be proved, either by the police or by any witness accounts, if not it is unlikely the court will act upon this. The reason CAFCASS has changed it to not contact and put in for a section 7 is because of the accusations, they have to do this as its protocol, CAFCASS is there to speak for the child and if accusations get thrown in they have to act upon them initially. However this does not mean it will last for ever its just for the time being until court have made an order.
I have had to deal with a section 7 report about 18 months ago. Usually if not definitely they will speak to the mother first so get your story correct and tell the truth. They will tear you limb from limb and as much as admin say we get a fair crack of the whip we really dont. When you take child access to court you pretty much look guilty and you have to prove yourself innocent, the judge will always ask why its even got to the stage of court as they expect parents to sort it between themselves and if there is animosity and a breakdown of contact they usually blame it on the father. Ultimately the decision is down to the court but the CAFCASS report does weigh heavy in the final outcome so be careful as they have a lot of clout. Be honest, dont slag the mother off, tell them you have the right intentions and hope for the best.
Paul
here is some good reading regarding a section 7 report
https://www.cafcass.gov.uk/about-cafcass/divorce-and-separation/section-7-report.aspx
when they interview you...do not slag your ex off!!!
keep it completely child focused and what you can offer the child in their upbringing and development
Hi there.... Admin here!
I think it only fair to respond to T135TOs comment about the advice we give. Unfortunately T135TO would be the first to admit that he messed up on several occasions and went in all guns blazing, despite all of the advice we gave him... he didn't do well in court, hence he retains a certain bitterness towards the system. Many others have got a much better result, especially if they cooperate fully with the court.
We always endeavour to give the correct information, as kindly and as supportively as possible. There are a very few that have been treated unfairly by the system, but the vast majority take the advice offered and progress their case with much success.
I've never said that the system is perfect, it's flawed and there can be some bias in favour of the mother, but that is the exception, not the rule and is improving. Courts readily accept that a child needs both parents and will actively support that.
For the protection of children, courts must take all allegations seriously and investigate them, if they're serious enough they will suspend contact whilst the allegations are looked into. Once the reports are in, a decision will then be made.
A section 7 is an indepth report to look in detail at both parents background and in some cases to seek the wishes and feelings of the children. As long as you remain child focussed and are calm and reasonable with your responses it should work for you. If you have concerns about the mother it's ok to discuss these with them, alternatively, if the ex is a good mum it's ok to say that too, giving a balanced opinion can only be a good thing.
As far as the black eye, the judge isn't stupid and is fully aware that children have accidents, just stay calm about it and make that point. Hopefully you will be asked to make a statement and you can use this to put across your side of things.
All the best
Hi Mojo,
I got amazing results 4 years ago but because of the respondents family, not because of court itself. They persuaded the mother to let sleeping dogs lie as she was [censored] bent of making sure i had nothing, and at the time it was for no reason. Court does serve a purpose but its not as strong and as reliable as you think. I 100% ballsed up, not denying it but i am giving a first hand honest opinion, mothers very rarely get punished or get forced to do things they wont agree to.
They are facts.
Best wishes mojo and i hope i dont cause to much hassle, you rely on honest first hand opinions, and give them
Paul
Best wishes to you too Paul... and thanks for acknowledging the work that we do...but I think you have to realise that this is a civil court, they don't really do punishment and to be honest, often punishing the resident parent means that the child will suffer... it's a fine line that they walk but without doubt the child is their priority.
If you read my post, I accept that the system is flawed, but its the only one we've got and we must work with it to get the best outcome. It serves no purpose to scare new members with tales of being torn limb from limb and just isn't true!
You speak from personal experience but your experience isnt the benchmark for what happens across the board, most find that with cooperation and patience they can progress their case and get a satisfactory result.
All the best
Hi Mojo,
Yes sure, you are right, with patience and doing as you are told you will get the best possible outcome, but in the same breath, the best possible outcomes arnt always that great.
Thanks,
Paul
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