[Solved] Cafcass ( massive issue)

Hi Mojo,

I want to disclose my last judgement to the Home office and my solicitor told me that we need the family court permission.

My immigration solicitor tried to email the court and ask for the judge persmission but the court asked my solicitor to make an application and it sounds like my solicitor made the wrong application and the court told him to make C2 form which it will cost £155

I am really lost here all what i need is the judge permission in writing that i can disclose his judgment to the home office .

What should i do to get his permission??
Should i write to the court by email???
Or should i fill C2 form which i read and i don't know if it has any relation to what i want ??
Or should i just go to the court and ask to see the judge for 1 minute and hand him my email myself.

Very very very slow process and i haven't even recieved a repsond for my previous emails that i sent to the court.

I haven't also received the court order yet from last hearing which was on 17th January 2019 because my ex soliciotor was ordered to finish the draft order and send it to the court to approve it and they haven't done this which i can't understand why,

I am in so much stress and i would really appreciate if i can have an advice of what i should do please

Many thanks in advance.

Hi there

As the Home Office is a Government department I would have thought that it would be ok... you could try calling them for advice.

Other than that you could send an email to the court and put “For The Attention of : (name of the judge)” and the court should forward it to him directly.

You could try going to the court in person, take a hand written letter with you, again with For The Attention of and the judges name, that way if you can’t get to see him you can ask them to give it to him.

If all that fails then you can make an application.

The C2 form is for asking for new directions or another application, within existing proceedings. As your case is closed, I’m not sure that would be appropriate, but you would think your solicitor would know the right form to submit.

Try not to stress about not receiving the order, they can take weeks to come through, the court office should be able to tell you when you should expect it to arrive.

Best of luck

Hi Mojo,

Thank you for yiur respond.

My immigration solicitor said that we have to get a court permission before sending anything to Home Office ither wise we will be in contempt of court which we can be fined or send to prison.

I spoke to the court and they said you are more than welcome to send us and email and we will forward it to the judge so i have do so this morning.

I don't really know if it will be quicker doing the C2 form or not or if the c2 form is the right one or not no one knows .
I think my case still not closed yet becausei haven't received the final order yet.

When i called thw court this morningand asked if i can just come to court in person and ask to see the judge or give him my letter to have alook at it because all what i need is just 1 minute for the judge to write aletter to give me permission to disclose his judgment to home office.
The lady over the phone said noo it doesn't work like that and you will not be able to see the judge and it has to go through our legal system but i actually one day i had a hearing and it was cancelled but i asked the acher and insisted to see the judge and i saw him that day.
So i don't know if i should go and try to meet the judge ??? And give him the letter myself. Or ask the acher to give it to him which as the lady said might be not possible or should i make the C2 FORM or just wait and see if the judge will respond to my email.

I would appreciate your advice .

Interms of the court order that i haven't received it yet.
The judge ordered the mother solicitor to make it ready and send it to the judge to approve it but they been so lazy since 15th february when we received the Judgment they still done nothing.
10 days ago I actually recieved a DRAFT from my ex solicitor asking me to have alook at it before submitting it to the court for approval but the arrangement they put in the order was wrong and not as the judge said.

I told them about the mistake they have done and asked to amend it and the Secretary said we will send your email to the the barrister and since then i haven't heard anything from them.

What should i do about this i really don't know.

Is is normal to be that slow??

Thanks mojo in advance for your efforts to answer my questions

Many thanks again for your support

I think you’re doing fine, if the court have said they will pass it to the judge, then I would do that and wait for a reply. You could also mention about the hold up with the drafting of the final order.

I actually went to the court and the legal advisor said it's better to do the application so i have done it last week and i am waiting.

Another issue i am having atm also that the judge and CAFCASS ordered to move the contact from supervised to supported contact as i said before and cafcass when she recommended that she said to also reduce the cost for the father which means that i will use a diffrent supported contact centre and not the supervised centre that i currently use and pay £72 per hour.
The mother's soliciotor now writing in her draft order that the judge and cafcass ordered for the contactto move from supervised contact to supported contact but at the same centre and the supervised centre i use atm can provide supported contact but i explained that even if i use supported contact at the current centre i will still have to pay the same rate £72 and the main reason to chnage the centre as the judgeand cafcass said was to reduce the cost.

I spoke to cafcass and ahe told me that she meant to change the centre and she was referring to the supported non paying contact centre and she sent tjat to me by email.

The mother's soliciotor wrote to the judge saying thay there is a missunderstanding from my side and i actuslly wrote to the judgeas well explaining that there is massive missunderstanding from the mother solicitor side and i forward CAFCASS email to the judge confirming thay cafcass meant to change the centre and go to supported non paying centre.

Ans also forward this email to the mother solicitors but it seems like she doesn't want to admitted she missunderstand what the judge and cafcass meant.

I don't know what else i can do.

It's really ashame for solicitor to get things wrong or trying to changethe draft order as they wish .

Many thanks in advance

It’s best to follow the advice of the court, you’re doing fine. As you've let the court know about the solicitors errror, which has been confirmed by the email from CAFCASS that you’ve sent in, the court should back you up.

I know it’s frustrating and everything seems to go so slowly, but you will get there and you’re doing just fine... keep it up.

Thanks mojo alot for your support i appreciate it .
I hope i will get a respond soon as they take forever to write back.

You’re welcome A.Dad... all the best.

Hello Mojo and every one,

Its bit strange because since i had the judgement in Feb 2019 i still didn't receive the order yet i have sent too many emails and calls to the judge and no response yet to clarify the dispute between the parties.

My question here on september 2017 when this case started there was an order from the hight court prevnting me from travelling i think is called ( All port warning ) and it says this port warning should stay in place untill further order .
During the final hearing judge said this port alert stay on place but regards my son and not me but he didnt mention that on his judgemnt or i haven't received any orderes from him yet.

I want to apply to discharge this all port warning order what form i can use please and what should i do?
As i want to travel urgently.
Will C2 form is the right form or what i should do ???

Many thanks in advance

hi a.dad,

I find it a disgrace that you still have not received the final approved order after all these months. i dont understand how the court/judges have allowed this to drag on like this. in my hearings, i had barrister who did all the drafting of orders, and i got everything on the day of each hearing.

you can try contact the home office, or your embassy about the port warning. if your just travelling on your own, then you should be fine. do you still have a solicitor? whats does he/she advise?

Hi bill,

Thanks alot for your answer.

I don't have a solicitor or barrister unfortunately and it was order by the other party solicitor to make a draft order and sent it to the court for approval.
The did that so late on mid march 2019 and it contained fasle paragraphs which i emailed the court to let them know i disagree with this draft order and for the judge to change those paragraph to the right ones but no response all those months.

I don't know which part of Home office to contact if you have any number that would be great.
Also i don't know if my embassy will be able to help as they have no power of knowing anything from the border force.

I keept chasing the judge and the court and asking them if this order made September 2017 still in place or not and this all port warning still going on not and if yes what application form to use but again waiting for the judge to respond.

Don't know what to do.

This isn’t an area I’m familiar with I’m afraid. Have you tried calling the high court that made the warning order? They may be able advise you about what to do next.

If the judge at the final hearing stated that the alert would stay in place in respect of your son, I think the best thing to do would be to chase that order up, as it might hold the answer for you. As the alert isn’t for you, only for your son, you should be able to travel freely.

The C2 form is to request new directions, or make a new application within existing proceedings. As you had a final hearing and a final order, I’m not sure if it would be applicable, the court office can advise you about which forms you could use.