[Solved] CAFCASS

Could be a meeting with CAFCASS for a schedule 2 letter. Very brief and most often than not to cursory which is maybe why a safegaurding report is being scheduled.

I think this is reference to arranging a section 7 report which is a more in depth report in addition to the schedule 2 letter.

In my case I had a schedule 2 letter written with minimum input from me and social services deemed that they didnt need to speak to me and the judge said it wasnt enough so a section 7 report was ordered.

This comprised of an interview with 2 social workers asking about the events leading to the break up, asking what my concerns were and going through the childrens welfare checklist to determine if I was able to care for our children.

There then was a visit to see me interat with our children and the reort is then written.

I found tis link on youtube which may help, I havent watched it yet and will in a moment.

http://www.youtube.com/watch?v=v6qpXmv6L64

Regards,

Dave

A schedule 2 report is a report compiled by CAFCASS for the court to highlight any safeguarding issues...The officer that does the report will talk to both parties, most often over the phone, and will also check with the police and local authority for any previous police involvement/convictions, and any previous Social Services involvement.

It always best to be open and honest with the officer, do not bad mouth the other party or use abusive commentary, rather concentrate on your role as a father with the best interests of the children at the forefront.... they will not be interested in how you feel so approach it from the angle of how it is affecting the children and what is best for them. That is having both parents fully involved in their lives. Try and talk about how close you are and the kinds of day to day activities that you shared with the other parent.

Good luck

Thank guys... unfortunately it look like it’s now going to be another month before CAFCASS can start, leaving us all in limbo.
There was an incident this weekend that I need some advice.

To give you some background, I’ve been a hand-on dad from day one. Two children, girl (9) and boy (6). The SBEX is living at her mums, which is around 5 miles away and I’m living in the family home. The family home is around 100 meters from the school. I work reasonably close by the home\school and the SBEX works 15 miles away and needs to travel on a busy motorway. I have for many years done the school run, as well as breakfast and start tea in the evenings, as it made sense for me to do that. I’m a bit of a home body and spent most of my evenings/weekends with the family or with my eldest daughter as I was involved in her sport.
The children are staying with me and over the last week, me and SBEX haven’t been able to come to any sort of weekly arrangement for the children, we’re currently waiting for an interim hearing.

We agreed that the children see their mum on Saturday between midday and 5pm, but she went back on the agreement after saying she wanted to cook lunch at the house and I need to vacate the home for a couple of hours. I explained that the important thing is that she is spending time with the children, not cooking lunch at the house. I offered to pay for lunch for the children but she refused. She then said that the children will not be returned when she picks them up because any right thinking person knows that the children should be with their mother! I told her if she can’t agree to bring the children back, as agreed, then unfortunately they are going to need to stay with me. She turned up at the house hysterical and crying, after trying to calm the situation I told her she going to need to leave. She them tried to communicate with the children through the window, and I sent the children upstairs. She walked across the street and tried to speak to the children upstairs. She eventually left, but not without leaving the children distressed and really apprehensive. She repeated the whole thing again on Sunday at midday and again the same day later in the evening.

She has now really upset our eldest daughter, who is point blank refusing to see her mother. I have explained that she needs to spending a couple of nights a week with her mum, but is crying and now refusing to go. This morning she woke and again was really upset before school and it took me twenty minutes trying to reassure her. This is really out of character for her and is normally a very confident girl. Breaks my heart to see her like this.

I have spoken to school and asked if someone there could speak to her and make sure she is coping.

My question is, how do I handle this situation? I don’t want to give into my SBEX demands, but not sure how I can prevent her from just turning up at the house. She has threatened to do this again tonight. Sure if I as a bloke did this – I would just get arrested.

As the children are with you did you apply to court, or has your ex, and what order has been applied for?

To respond to your question the only option you have to prevent this from continuing is to report it to the police as harassment and apply for an injunction. It might be a good idea to give the police a call and discuss it with them as it is causing your daughter distress, you should do something about it for her sake. If you talk to the police and ask them to file what has happened previously on the understanding that nothing further will be done unless she continues. They might even go and see her and advise her to cease this before it escalates.

A little bit more complicated than that, she moved out and took the children, has tried to cut all contact with me but as I wrok close by and have very flexiable hours at work, its very easy for me to bring the children home. She applied for an ex parte order to have them returned, which was refused and we are now in limbo - actually having our first mediation appointment tomorrow.

She didn't turn up yesterday thankfully, but it might happen tonight.

Thanks Mojo will take your advice on this.

Were you given an interim residence order at the ex parte hearing? If no order was given what did the court say about where the children should be in the interim?

If the ex parte was refused that puts you in quite a good position I think. If she continues with her behaviour and you are granted an injunction that will also help your case.

It's so sad that it has come to this for you and the children, it would be great if you could reach agreement at mediation but don't expect too much at the beginning.

As the children have had so much upheaval ...being taken by their mother, and then back with you, and witnessing their mothers distress, they need to feel secure and settled and this would be the position I would take with CAFCASS.

...just thought I should mention, her request for you to vacate the home may have been a ploy to get you out of the house and then refuse you back in again, then applying for an occupation order ( I think that's what it's called)

As the mortgage is joint she would be within her rights to do this. She probably realises she shouldn't have left the family home, she has tried to rectify this with the ex parte which has failed....I can see why she is losing it!

If there is no interim order in place you do need to be very cautious... Reporting the incidents outside the house would be a good move, an injunction would ensure she couldn't wait for you to be out and then move back in and change the locks! If she has a solicitor they will have informed her of her rights with regard to the property.

Occupation orders

www.thecustodyminefield.com/mobile/occupationorderHtml

Thanks NJ, you've pretty much hit the nail on the head.

This is where false allegations of DV are coming home to roost. Her claims of DV apparently involved harassment, intimidation as well as a claim of one physical incident in 15 years of being together- she’s claiming I slapped her on the night she told me about an affair she is having. She then said she can’t stay under the same roof as me and has been living at her mum for around two months.

At the ex parte hearing, when refused the judge said I should be served and to begin residence proceedings. There are no safeguarding issues and this was put down on her ex parte application. At the first hearing, the judge decided that we need to have an interim hearing within the next 21 days, as he saw our situation as a shared residency setup, but the next available date is four months away. This has led to our current situation. The judge expressed his views at the end of the hearing, and one of them was that ultimately the parent living in the family home will have a more favourable arrangement during the interim period. This has led to her making a play for the house.

Can’t see her changing the lock is going to make any difference now, I could get a lock smith and change them again. Also, this would have a massive impact on the children as where would they stay when they are with me. She has ample space at her mothers with three spare bedrooms, one for each of the children and her.

Never understood why she didn’t apply for an occupation order at the beginning, guessing her solicitor advised against it. Her trying to do it now would surely look like a manipulative ploy?

Oh.. there's no way I will agree to leaving my home for four nights a week and return for three nights a week.. she'll have to get an occupational order.

I meant she could gain entry whilst you are out and settle back in there with the children..Bearing in mind what the judge said about the parent in the family home having preference.

The DV claims might also be an attempt to qualify for legal aid....you need to move forward with great care.

So are you the respondent?

Shared residency doesn't mean an equal splitting of contact, for that you would need a shared care arrangement.

Don't underestimate her, she will be desperate, there can sometimes be an unfair tilt in the woman's favour where things like occupancy and residency of children are concerned....if she's stating DV and trying to get back in the house her desperation might drive her forward regardless of how manipulative it might seem. Once she in that's it...I'm hoping some of the guys on here that have found themselves in this situation will come along and share their experiences with you.

I see what you mean. I guess there's a risk of that particularly with her being desperate. I'm not sure how or I can stop that. The point about DV that I didn't make totally clear is that if she try's to move back into the house with me there than that totally discredits her claim of DV. As for her trying to get me removed from the house by the police is, I hope unlikely as the police are of our situation somewhat. The ex and her family tried to force me to leave the house and after the police heard the details they seemed pretty sympathetic with my situation. Saying that I guess that your right I need to be cautious as things could well change quickly. Any advice would be appreciated.

I am the respondent - does that make a difference ?

No, no it doesn't make a difference.

As I said just keep the police updated on any anti social behaviour and ask them to file the incidents. If she does continue the harassment then you could get an injunction out on her....read through the info about occupation orders, it might be that you could go for one.

once again bang on the money NJ.. with her not living in the house and turning up the way she is, that would be the best approach and would be more achievable than a non-mol... just checked with my legal people..

Happy to help DT!

Ok a little update,

She once again turned up last night with a friend with absolutely no notice, whilst me and the children were having tea, and as you would expect it wasn’t pretty. I ended up calling the police as that’s what they advised when I spoke to them the night before explaining what happened on the weekend. The police spoke to both of us and after assessing the situation told the ex she would get arrested if she turned up again. Not sure what she said to the officer when she spoke to him but he was pretty wound up and told me not to call 101 but to ring 999 if she turns up again.

Been in touch with my solicitor and sent a strongly worded letter to hers, don’t want to up the ante by issuing proceedings right now, and with us having are first mediation together next week hoping we can come to an agreement.

If it were me I'd bang the injunction in!

I know what you mean .. and if it was last night or even this morning, I would of done the same - need to be shown as being reasonable. I have access to in-house legal advice where I work, as well as my solicitor and both came to the same conclusion - but said I was well in my right to pursue the injunction.

I just want to spend time in my own home without the worry she's going to turn up and if she backs off I get that, and if not … off to court again!

...I'm sure you're solicitor will bring this up in court, she isn't doing herself any favours!