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Hi guys. I was wondering if anyone would be able to help me out.
I have had my first hearing at court in the attempt to get 50/50 access to my daughter. I used to have her full time while as her mum couldn’t cope/would always be out with her friends, and then as soon as my ex found out about my new girlfriend that was it, I was no longer aloud to see her.
Her behaviour has resulted in a caution by the police from both me and my girlfriend due to harassment, threats and pysichal damage to my property etc.
No matter what I do the courts still seem to favour my ex as she’s good with the water works. Getting to my question though, I had arranged for the woman from cafcass to come round for a home visit today, but have just been notified of her that my ex has refused to do it herself. What does this mean? Is this even aloud?
I have concerns for our daughter being around my ex as well, so surely it if unfair for her to be able to deny the visit?
When you say your ex has refused to do it, do you mean she has refused to allow cafcass to do a home visit to her house? If so, I suspect that she can refuse, but that certainly wouldn't be seen favourably in cafcass' report, nor by the court. Seems a strange thing to do.
If your ex is refusing to comply with the court order for an S7 the court will not be at all pleased! The implication is that she has something to hide.
With the police cautions and her non compliance, I would hope that the court will agree with your application as it would appear to be in the childrens best interests.
How did your CAFCASS visit go? All you can do is to fulfil everything that the court asks of you and concentrate on putting the best case forward.
If you shared your concerns with the cafcass officer, it should go into the report. Hopefully she will be able to present some kind of a report, even though its only from one side. Did the officer tell you that her inability to complete the report would cause any delays, or that she would be unable to file it?
Has your ex refused to engage with Cafcass at all or just refused them a home visit?
If she's refused a home visit, this should be mentioned in the report and you can use this as a point to challenge during subsequent hearings.
If she has refused to engage at all, I would consider writing to the court to ask them for urgent new directions and if you have magistrates, perhaps politely request that in view of the mothers refusal, perhaps raising the case to Tier 2 (District Judge) might be more appropriate?
It might not get you anywhere, but it's worth a shot.
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