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Hi people, sorry for long post
In Dec i had a section 7 report done and the uphsot was that i could not see my children until i had complied with 3 areas that CAFCASS wanted. I did not agree however did this. In April 2018 CAFCASS then said they wanted a further psy report done. I have done this as well and was given the all clear by the psychiatrist. I asked the CAFCASS officer a number of questions primarily why did they did not ask me to do the REport in Dec 2017.
They refused to give me a written reply.
In April the FoF/Agreed Findings was agreed in my case. No issue of admission or evidence of domestic abuse was found. I was told to do a Psy Report that i did and paid for. The Psyhiatrist said i was fine.
The next Directions hearing was in June and i felt very confident as did my Barrister.
After this and prior to the June hearing the CAFCASS officer produced a 2nd S7 report saying i had admitted to domestic abuse. She wanted me to do a Perp. Programme, theJudge threw this out and said no but allowed a number of additional questions to be sent to the Psyc.
In short CAFCASS rejected the PSY report. They seem to indicate that I had lied to the Psychiatrist. All of the themes/questions that the Psychiatrist had to explore were drawn up (and not challenged) by my ex-wife's side. CAFCASS said in the addendum S7 report. They wanted a guardian solicitor appointed, an additional Psychological Report done and for me to do a Domestic abuse perprators Programme. it should be pointed out that prior to me meeting the Psychiatrist i invited the CAFCASS officer twice to add any other questions- she did not reply.
At the DIrection hearing in june the Judge rejected all of the CAFCASS recommendations. The judge pointed out the the Agreed Findings from April noted that nothing on domestic abuse. At this point in CAFCASS said it was ommitted in error. My barrister pointed out that the Finding of Fact was drawn up by ex wife side and not us and agreed in April.
The jude allowed several additonal questions to be sent to the psychiatrist.
This has balloned from the initial 5 to now 18. After the initial 5 were agreed, my ex wife side sent 13 questions to the psy. I challenged this and said i had not seen 6 of them. Eventually 13 were due to be sent. however on friday (5/7/2018) afternoon (the date the psy was meant to reply by) an additonal statement was put in that my ex wife and the guardian (the CAFCASS officer) challenged the April agreed findings. In short this was first put in the 3rd draft of questions
This was also the first time the CAFCASS officer has described herself as Guardian. can she do this?
This has now ballooned now to another 18 questions, i have asked the psy to be given and to draw attention to the April FF. In the latest one the CAFCASS officer has said that an admission /finding of domestic abuse was omitted from the FF IN april.
It was pointed put in court in june in the directions hearing that the FF was drawn up by ex wife's side and that 2 months have passed since then.
Please any help appreciated
i have questioned the inclusion of this and was wondering what is my legal position, surely the FF of April is well final.
Hi there
If the judge had rejected the cafcass recommendations and you're not happy with the way things are going, I would suggest that you write to the judges due that was sitting, you do this by starting your letter/email with "For The Urgent Attention of (name of judge)"
Cafcass officer can become Guardians in child contact cases, where the court has appointed a Guardian for the children, under Rule 16.4 ...this happens where there's a lot of hostility between the parties and the court feels the children involved need to be separately represented. When that happens the Guardian would also instruct a solicitor for the children to represent their interests in court.
All the best
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