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Cafcass section 7 r...
 
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[Solved] Cafcass section 7 report

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(@SpankySpark1972)
Active Member Registered

Hi new to here, My partner has just received section 7 report, my partner has been denied contact for 4 years, by ex partner and step parent. Clearly states ex is still using drugs but child has stated whilst having contact with my partner years ago she was shoved which is false. Childs father states he is not alcohol dependant yet turned up threatened my partner at last hearing smelling or alcohol. As you can imagine we are concerned for next hearing any advice would be appreciated thanks

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Topic starter Posted : 13/12/2017 3:25 pm
(@dadmod4)
Illustrious Member

Sorry, can you clarify here, is the child living with the father? And he turned up at court smelling of alcohol?

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Posted : 14/12/2017 1:14 am
(@SpankySpark1972)
Active Member Registered

Child is supposed to but lives with SP due to separation and yes father turned up smelling of alcohol how will this affect all of this

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Topic starter Posted : 14/12/2017 1:02 pm
(@mavic)
Reputable Member Registered

has the section 7 recommended no contact or is that your partners ex saying that?

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Posted : 16/12/2017 8:43 am
(@SpankySpark1972)
Active Member Registered

The ex saying it, cafcass saying indirect contact to start off back in court this next week

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Topic starter Posted : 16/12/2017 11:38 am
(@dadmod4)
Illustrious Member

Hi, I'm still not clear on this situation. Your partner is the child's mother, and at the moment, the child lives with the step-mother? If that's the case, what is the father fighting for, and what were the circumstances that your partner only allowed indirect contact?

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Posted : 17/12/2017 12:36 am
(@SpankySpark1972)
Active Member Registered

My partner has been trying to see child for last 4 year's father and step mum refused her because of mental health issues which is stable no reason for it to change stated in letter from GP written letters asking about child no reply to any of them father split from step.parent now and step parent has gone for PR and residency order asking for it to be removed from childs father and seen as childs father turned up at court smelling of drink we have no idea how this will affect the out come child has been told my partner hit her years ago which isn't fact but has been documented by cafcass

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Topic starter Posted : 17/12/2017 12:59 am
 Mojo
(@Mojo)
Illustrious Member Registered

..it's all a bit of a mess isn't it, it's impossible to predict outcomes, even in far less complex cases.

If the step mum has been consistent in the child's life for a long time and the child is currently with her, and it is confirmed in the S7 that the father is a drug user, the court may well consider a transferral of PR and residence. Does the S7 recommend that the child stays with the step mother?

Were the court officials aware that he smelt of drink when he turned up at court? Even with that, I would have thought that the court would need to order some form of test to ascertain the level of his alcohol use, although the drug use of already confirmed, would be of some concern also.

I very much doubt that the court would remove the fathers PR, but they may well decide that contact needs to be supervised.

As far as your partner is concerned, because there has been such a long time since last contact with the child, it's likely the court will go with the recommendation of indirect contact to start with. That will be monitored and if things go well, contact may progress to supervised in a Contact Centre. It will be a slow process, but as long as your partner does everything that is asked of her and all being well, contact should progress to a point where your partner and the child can spend quality, unsupervised time together.

Please do keep us updated.

Best of luck

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Posted : 17/12/2017 3:30 pm
(@SpankySpark1972)
Active Member Registered

They have stated that there are no current concerns about fathers drug or alcohol use in the report which is wrong we just don't know how to go about any of this the right way the child should see her father but we have concerns the step parent will keep child away from him eventually if court gives these orders in her favour as she has done to my partner cafcass have recommended letters and cards to start and of all goes well contact to start February 2018 can we ask the judge to go for a proof hearing os that allowed as this hearing tomorrow is only second hearing?

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Topic starter Posted : 17/12/2017 3:38 pm
 Mojo
(@Mojo)
Illustrious Member Registered

Without knowing all the details, it's difficult to comment effectively. If the report states that there are currently no concerns with the Fathers drug or alcohol use, then the court may go with that.

Why are you worrying about whether the father will see his child or the step mothers actions in this regard? I would concentrate on your partners position and leave others to their own case management.

I would go with the CAFCASS, if they're recommending contact to start in February 18 that's only a short time away.

I don't understand what you mean by a proof hearing, do you mean a finding of fact hearing? Civil courts work in a different way to criminal courts and the onus of proof is less. You can ask for FOF but I would suggest you let the case take its course for now, it is only the second hearing and with such a complex case it's likely that your partner has a way to go yet.

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Posted : 17/12/2017 3:50 pm
(@SpankySpark1972)
Active Member Registered

Never been in this situation so have no idea what to expect at this hearing, if this will be the last one or if another hearing date will be set or not

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Topic starter Posted : 17/12/2017 3:56 pm
 Mojo
(@Mojo)
Illustrious Member Registered

I very much doubt that this will be last hearing, I would prepare yourselves for the long haul and anything less will be a bonus.

Best of luck

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Posted : 17/12/2017 4:05 pm
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