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Hello sorry need advice again. I’ve now had the CAFCASS report. Got to say it’s very badly written and contradicts own comments throughout. It says I can reply back to the author if anything is factually incorrect. There are parts where the author has stated her own feelings against the false comments made by my ex. For example my ex has said that I do not let our child take his teddy bear out of a bag he brings with him packed by her. I told the CAFCASS officer that this is not true, our child never even looks in the bag, he knows the teddy is in there, but never gets it out, which he could. At my home he has lots of teddies and a favourite who sleeps with him, he doesn’t take these back with him to his mothers house. However, the CAFCASS person has said none of this instead she put, ‘if this is happening it will make the child feel anxious, upset and may mean he can’t sleep properly’. My son feels none of these things.
Re shared residency CAFCASS have said he may feel like he is living out of a bag, missing possessions from his mothers home’. He feels none of these, he as drawers full of clothes, a toy room full of toys, games etc my home is his home. My son is 9 and I have had a contact order in place for 7 years.
Cafcass are saying we need to do a separated parents meeting, we did all that during the first court case. And try mediation, been there done all that doesn’t work with us.
During the first court case 7 years ago, my ex accused everyone in my family as drug users. Not true, no evidence given. The courts said line now drawn they would not listen to all of these claims(there were many about me) any more. After the court said this she went to the police and tried to get a load of false claims against me put on a record against me, I was called in with a solicitor. I told the police about the court case, my ex had not. They ended up telling her off. When I had mediation I told him about this, he said it was illegal for someone to do this. But my ex has mentioned it again to CAFCASS, they have put ‘ ex said applicants brother USED cocaine, she doesn’t know if he still does, but if he does this could be dangerous for the child, the child could take it, or be impacted on the effects it has on my brother. My brother has never taken drugs. Surely CAFCASS shouldn’t put their feelings on the report like this. She didn’t ask me about this on my call.
No safeguarding, CAFCASS closed case.
Can I go back to CAFCASS on any of this?
Sorry so long, I’m in panicking now.
hi,
what is current arrangement you have with child?
@bill337 over 2 week period I pick him up from school Thursday he stays overnight I take him back to school Friday morning. Then following Tuesday same again overnight, then same week pick him up Friday after school keep all weekend back to school Monday morning. Half of half terms, Easter. Share of summer holidays. Xmas,new year equals share.
@warhammer ok thats a great arrangement, and now you are seeking 50/50?
Cafcass letter seems pretty trivial. teddy bears. I think most importantly they have no safeguarding concerns. so should make things a lot easier for you.
@bill337 yes 50/50 equal day to day care. I do not want to go to mediation with my ex, which is what CAFCASS are advising the court. We do communicate via email, which I think is acceptable and I think on CAFCASS own website as a communication method.
is it ok for me to reply to CAFCASS on any of these things. In particular the CAFCASS person adding her own interpretation on how my child would feel if my ex allegations are true, which they are not.
the courts are making a decision on the 28th Feb re if we are going in to court or if it will be handled over the phone.
this is all text book scenario. Cafcass is siding with the mother etc, but there are no safe guarding concerns so that is key. That should put you on a even playing field for your hearing in front of judge, but still argue your points. Dont bother arguing with cafcass, save any of that explanation to say to the judge.
I would go along with the courses recommended, it shows you are willing to co-parent. otherwise they can easily say because of hostility its better the child spends more time with mother in one home to avoid conflict. so show that you are making effort etc.
In my hearing, cafcass went against me siding with mothers allegations even when no findings of fact were made against me. My barrister cross examined cafcass and hey presto they made out certain things were not clear, so my barrister made them clear 🙂 and i was awarded 60/40 and shared residency. Make sure you fight in court for everything you want you only get 1 chance here. no safeguarding concerns should mean you both have equal opportunity.
Will it harm my case if I reply to the CAFCASS report, pointing out the non factual points in the report? It even says that shared residency could make my child not feeling settled at either home, feel like he is living out of a bag, miss out on meeting up with his friends who live near the other parents house when he is a teenager, he is 9 now. My ex hasn’t said these thing, it’s the view of the CAFCASS person. How can he feel like he is living out of a bag, that’s awful. He has been living between his 2 homes for 7 years.
Hi,
Cafcass advise that if there is anything in the report that you disagree with (like recommendations), then you can challenge it in court and in your written statements. I don't think it would harm your case. you could make proposals you think will benefit child, like 1 week with dad, 1 week with mum alternating. or 3 days with dad, 3 days with mum etc.
when i had my case cafcass did similar things and painted me in a bad light, siding with what mother said. The court letter however did tell cafcass to make s7 report based on the fact no finding of facts have been made against me, so to proceed on a neutrel basis. however cafcass was still one sided towards mother.
in court my barrister asked the judge that cafcass be cross examined as we did not see how they come to their conclusions. There after cafcass quickly changed their tune and gave me what i wanted.
so perhaps no point you challenging it now (though you could) save it for the judge i say and ask them you dont agree with cafcass conclusions and dont understand how they come to that. you could then ask the judge that cafcass be asked to explain themselves or be cross examined.
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