[Solved] CAFCASS

The experience my partner has had is similar. Although he is confident at getting his point across in court.
Ex has told lies etc about him being controling manipulative etc.. alcoholic, drug taker anything and everything to raise alarm. He passed all tests.

Luckily he has 3 months + of text evidence etc that this simply is not true and quite often the other way round. She is so derogritory and threatening in her messages.
I helped him file all this and submitted it to court, CAFCASS and other party with evidence printed off.

Does your son have anything like this that will go in his favour?

We are unsure if they've paid any attention to it yet as S7 report due in end of this week.
So waiting to see what they recommend.

Judge said in 2nd hearing it would have to be serious for them to stop a child from seeing a parent long term.
Surely indirect contact shouldn't be long term unless there are safeguarding issues and proved a parent us a risk 🙁

I know they often follow recommendation by CAFCASS that's the whole point of report.. but fingers crossed judge can see through any lies etc (they come across it all daily!) and they are known to use their own recommendations too. Well so I've read.

My son has tons of evidence, showing that he has had contact, text messages and vile abusive texts from his EX. But the courts and CAFCASS were not interested. They really do believe everything his EX has stated, without any proof, only the witness statement of her best friend. The Judge believes that he his son is at risk if he is in contact with my son... !! which is so heart breaking, as just not true.

I wish we could have had legal support (but could not afford it), however in hind sight, my son is just not forthcoming or experienced enough to fight his case, he just crumbled when all the allegations came back as found true by the judge.

CAFCASS have also said that his son would be at risk if contact is resumed. so have ordered indirect only.

Dont know what to do next, wish I could have my day in court and tell them a few home truths, but it's not going to happen.

When the CAFCASS lady came round, I had to leave the room and didnt have the chance to speak, which was so dissappointing. She was not interested in the all the text messages and picutres i had printed out. She just kept repeating to my son... that the judge has found the facts to be true. I think my son needs to just accept that it will be indirect contact and move on, as this has completely broken him. You can't fight something you can't prove, when the courts and CAFCASS dont want to look at the evidence you have.

In the report CAFCASS have said:

Regarding contact centre is says:

This would certainly ensure that the child was physically safe, but it is not viable long term solution and unless there is a clear exit plan it would not be in the the childs best interests to start contact that would then potentially have to stop.

I really don't understand this statement. What are your thoughts?

TBH the Judge really was not on my son's side at court last time, and i believe he will go with the CAFCASS recommendations. Which is "Indirect Contract" with the chance to apply to court again after 1 year. WE have sent cards, gifts etc, and have never had any reply or thank you. I know my grandchild is being told the gifts are from his mum (not us).

Also CAFCASS visited my grandson at his home with his mother present. This is part of the report:

Grandson ** completed the three houses worksheet on my computer. Grandson * was able to move figures and place who he wanted to have in certain houses. Grandson* placed himself, his baby sister, Mummy and (step-father) and a friend in the ‘happy house’. In the ‘safe house’ he placed his maternal grandparents and added some figures to keep them company. Grandson ** placed figures in the ‘sad house’ but they were not named, and he only did that so that the house would not be empty. Grandson** did not mention his father or paternal grandparents and given the uncertainty of these proceedings I did not ask him a direct question.

I found this really hard to understand, CAFCASS state "grandson did not mention us, so she did not ask him a direct question". He is only 5 years old and have had no contact with his dad or us for over a year... so he would not mention us unless you asked him about us... Why would he, he doesn't know it's a test.. I am completely flabbergasted by this..... is this RIGHT, it sounds so wrong.

It seems crazy and I totally agree with you as if they don't directly ask a child about daddy they won't speak of them especially if contact been a year and child is so young.
This is our worry now with pending report.

Did they comment on how mum has not encouraged a relationship with father?
Children adapt so quickly which is a good and bad thing. But for your son it is bad as the child now has adapted to life without him and they just get on with it because they have no choice.

I have read your son not coped too well in court and finds it harrowing so not able to get his point across.
But maybe an idea if you do not agree with CAFCASS report I know you can't complain to them but it does state you can bring up all points you disagree with in court.
Can you both go through CAFCASS report and cross reference why you disagree and bring up and even reference in the evidence they've refused to take notice of.

He must have a strong case if he has this evidence.
It just mean with the one chance he gets on 2nd October he really has to hold his head up high and put up a fight. Without coming across bolshy and aragant but using the facts and evidence and not being worried to speak up for himself.

My partner felt he was in the best position being able to speak up in court for every situation brought up. Where his ex could not talk as she has a solicitor.

I suggest build him up get him prepared and get something written up to argue his points and disagreements with the report.

Good luck!! Seems so cruel!
Sorry I can't help more with experience. Hopefully someone who has had similar situation may comment and give more info.

Hi,

It must be really difficult what you and your son are going through.

My interpretation would be that a contact centre could work but because it is not a long term solution it is not worth putting the child to reinstate contact and then lose contact and 'play' with the childs emotions (after all they look at the childs best interests first and they would not recommend an on-off non-routine contact as the child will need stability, routined continuous contact)

With the indirect contact i would maybe try and get it across to the judge that it can only work if both parents work together, i.e your son will be happy to have indirect contact, to have letters/gifts sent maybe even ask to have a video call every week etc but the mother needs to spend the time with the child to make it clear that daddy sent a letter and read it out to the child, and without the mothers cooperation it will not work and obviously you want it to work to build a relationship again with the child and get to a stage beyond contact centres.

The test they did, well they attempted that test with my partners child at their mothers home, but she did not really follow what the cafcass worker was trying to do and just started playing instead. If the gson hasnt had contact i agree he wouldnt just mention his dad but maybe this is something that could be brought up in court.

With the recommendations of indirect contact, maybe a video call more so and contact centre for x amount of months with your son on DV course, and fully cooperating for what they think will be best for the child maybe they can look to change it when hes proven to have stable safe contact? Maybe your son can also ask for a review 6 months down the line?

I think at this stage he needs to cooperate and look at the bigger picture, start with the smallest amount of indirect contact, use it as a foundation to build on.

Theres not much else or anything different i would suggest to my partner if he were in your sons position. Just wish you luck and make sure your son looks at the bigger picture, years down the line and not to focus on having it all right now.
Good Luck