[Solved] Access to my children

Thanks Bill. Do you think they'll have telephone interviewed her first?

hi,

yes it's possible.

So, I get you say not to make accusations....

But, if the cafcass person says something that's come from the mother as a reason for me to not have access, would it be ok for me to refute what she's said not by making accusations, but by saying "that wouldn't be the case because of....." - rather than accusing her of anything, if that makes sense?

yes if cafcass ask you to respond to an allegation from the mother, you should do it. e.g. if she said your ex said you financially controlled her and never gave her money for the kids. you could reply and say that is not the case as I can show you my bank statements showing money going to her regularly.

Ok, I've had my phone call....

.....current concerns are that two dates have been mentioned where the Police attended for a domestic incident....

.....I know nothing about them

ok. if police call outs did happen, then cafcass will check with police. was it a long call?

I assume they have this from the Police records, I didn't ask, but I probably could go back to them and ask.

The call was about 40 mins.

I did suggest politely that they have the wrong information as I have absolutely no idea about them what so ever.

I've received the report from Cafcass which is quite a shocking read.

It appears that the advice to not say 'anything bad' about my ex, was the wrong advice.

My ex has made a string of very serious accusations, which is indeed saying lots of things bad about an ex.

I told cafcass this much

The cafcass report has this much of what I said.

The ex is this much

I'm now going to ask the court if I can submit what I should have said to cafcass, but I was afraid to say. I think they should have it to consider before the second gate keeping meeting.

My advice, tell Cafcass everything.

Hi,

Sorry if there has been any misunderstanding. If your ex has issues with alcohol, drug, mental health, then these are issues you should tell cafcass, as the children will likely be affected. Also if theres any police or social service records of ex being violent etc.

Hi

The advice is generally for you not to bad mouth ex, rather than ex to you... This is because generally the family courts and all associated are quite biased in favour of mothers and therefore they are already expecting and accepting of her to bad mouth you but if you do so then you are affirming their bias and the impression she has given of you.

Keeping things child focused and removing emotions is something they are not expecting and therefore works in your favour and minimises delays and negativity...

However as mentioned, anything relevant from a safeguarding point of view should be mentioned.

Thanks

Just a couple of points to add here (sorry I missed this thread orginally)

Gatekeeping isn't a court hearing. It is simply a process by which the court decides which level the proceedings should be heard at eg non-qualified lay Magistrates, District Judge, Circuit Judge etc etc. In your case, it's likely a second gatekeeping is taking place as the proceedings have been transferred to the court closest to the child.

I assume the Cafcass report you are referring to is a Schedule 2 Safeguarding Letter that offers their advice to the court as to how the proceedings should be dealt with at the FHDRA (Frist Hearing & Dispute Resolution Appointment). The contents of this letter are not considered as 'evidence' for the purpose of the first hearing, they just give recommendations to the court.

As your ex has made allegations, it's likely that the court will order a Section 7 Report from Cafcass and full statements from you and the mother before anything progresses.

All you need to do for the first hearing is write a one or two page position statement that outlines why you are making the application, what you think the court should order and why, and whether you agree with the Cafcass recommendations or not and why.

You don't need to submit evidence at the first hearing and don't have permission to do that anyway. Having said that, any evidence you do have is worth putting in a folder and keeping with you just in case the court asked to see anything.

If you can afford and want a barrister with you for all hearings, that is your choice but nothing much happens at the first hearing.

If your ex is making a lot of allegations, there might be a fact finding hearing further down the line and if money is an issue, I would strongly recommend saving your money for that and hiring a direct access barrister just for that hearing.

As your case already sounds like it has the potential to become complex, if your proceedings are allocated to Magistrates, at the first hearing, it might be worth asking the court to put the matter before a District Judge for subsequent hearings.

Best of luck

What's got worse now, is that Cafcass asked the Police for an enhanced check and the contents of the report are alarming, accusations ect that I have never ever even heard of.

For example, the Police have told cafcass that I've committed common assault to an unamed party - that's news to me, so, the Poilce are now telling lies?

I've no idea what to do at the moment, but I've refuted it and sent a letter to Cafcass and the court and I've sent a request to the Police for all information they've been supplying Cafcass as it's simply not true.

Is it a good idea I try and get a Mc Kenzie friend to help for if or when this goes to court?