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Hi all
I recently attended a Dispute Resolution Appointment to consider a Section 7 Report. The s7 made 2 strong recommendations as the cafcass officer is so concerned at the alienating behaviour of my ex, who has taken our child away and then dragged us through the court system with false allegations of domestic abuse to try and prevent me from being a father. After 18 months I have finally had several observed contact sessions with my child in which no concerns were raised. Instead, the S7 recommended that a Part 25 application for a psychological assessment of my ex be considered by the court, and also that the court appoint a 16.4 guardian for our child (age 20 mths) as their welfare in the care of my ex is such a concern of theirs. Quite a 'brave' position to adopt from the cafcass officer so I was expecting the court to take it seriously. Instead, though, the magistrates in the hearing did not consider either recommendation, stating only that the cafcass recommendations were a bit drastic. I have since received the written court order with no further explanation of why the cafcass recommendations weren't followed. I have lodged notice that I will be making the part 25 application myself, (and as part of this process requesting that a judge consider the 16.4 guardian again) and I have read on solicitor blogs that when the court (magistrates in this case) don't follow cafcass recommendations, they must provide written reasoning for their decision not to. Does anybody know the specific legislation/practice guidance/court rules where this is stated? I need to quote it as part of my application.
Really grateful for any help that can be provided, this case has been one court failing after another, so even after getting a positive verdict from cafcass I am having to fight tooth and nail just to ensure the safety of our child.
hi,
looks like this is the rule your seeking:
The Family Procedure Rules 2010, Section 27.
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