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HI all
I need some urgent advice.
My Step Son is 8 years old and in April we stopped contact between him and his father on the basis that he did not want to go, he was so upset at going and hasnt said before now as he was scared he would be in trouble.
Various reasons for not going,
His dad lies
His dad talks badly about mother
His dad says he doesnt care what mother says
HIs dad threatens violence towards mum and step father
Father unable to discipline child
father has caused emotional problems for him in the past, which resulted in behavioural issues at school
We had a full section 7 report and there are a number of issues
the officer spoke with father and step mother in the case, even though she is not party to case proceedings
the officer did not speak with me the step father so we feel the report is bias
he also put in comments made by mum that she didnt actually mnake
has misrepresented certain facts IE, saying they divorced in 2010 and remarried and child maintained contact with father till now, this is not true, mum remarried in 2012, and dad only in 2014
he did not obtain from the school confirmation about the behavioural issues in 2012
he has lied about facts the child gfave to him, saying the child likes his paternal aunts and cousins when in fact he referecend my sister.. (mum was outside and could hear)
He hasnt taken into account the full welfar checklist from what we can see
Hasnt paid regard to the effect of changing circumstances will be on the chold
IE, changing contact from what it is now which is no contact and has been the case since the hearing in June and courts are aware and made no further on contact.
They have merely taken into account shi age, but not his understanding about everythin
they have not taken into account the childs emotional needs/risk aswell as the physical.
Section 2 letter reported safegaurding issues should mums allegations be true
section 7 report, states no safegaurding issues!!!
We strongly feel, he has rushed the report as he filed the day before going on annual leave for 2 weeks, has misrepresented facts
he has also condensed a 2hr conversation with mum and her concenrs into 3 points !!
What can we do, and what would happen at the necxt hearing?
Thanks
Hi bobbya
It should say somewhere on the S7 that any factual inaccuracies within the report must be referred back to Cafcass asap, this will have to be done in writing. In terms of the actual report and it's contents, you will have to deal with these in court. I'm assuming Monday's hearing will be a short review to get initial views on the S7 so forgive me if this is not the case.
What usually happens if one or the other party disagrees, is a fully contested hearing will be listed. It will be at this point you have the opportunity to challenge the report, some judges might order further statements, some may rely solely on evidence during the hearing. You will be given a chance to cross examine Cafcass and the other party in such a hearing.
Things like the school not being spoken to; you can ask the school to write a letter for evidence of this and also any other agencies you can obtain evidence from.
Thanks, I did contest this with CAFCASS however he is conveniently on holiday from the filiing date till after our court hearing !
He has spoken to the school but only obtained current progress reports on the child and ignored the fact we had told him about beahvuoral issues in 2012....they have disregarded all domestic vilence etc that has occured.
Next hearing is allocated for an hour,
we have suggested, indirect contact by phone to start or video call'
then supervised contact
CAFCASS recomended reinstating direct contact immediately so dad can apologise . . .dad can apologise via phone/letter etc if required.
Child doesnt even want top open birthday cards sent by dad
Cafcass are not usually required to attend review hearings, usually just directions and final hearings unless ordered otherwise by the court. I'm assuming any interim paperwork from the court will say that no further evidence should be filed so you will have to make your position clear to the judge during the next hearing. You could lay out on one sheet of paper your very brief reasons why you object to the recommendations and take this with you to the hearing, when it is your turn to speak you can offer this piece of paper to the judge or read from it so that you stay concise.
Ultimately the decision will lay with the judge whether to start any contact before a contested hearing. If they are to order any direct contact as an interim arrangement (unlikely but each judge is different) I would suggest asking if Cafcass or an experienced Contact Centre staff member supervise this.
Just a quick point - You should edit to remove names........Family court is not public and could get you in trouble....you are not permitted to discuss outside of court with the public.
Regarding challenging the report.....i've done just that same thing.....CAFCASS have amended the inaccuracies by way of writing a letter to court and the parties but will not take back their recommendations as you have to challenge that in court if you disagree with them - that was what i was told!
done thanks
There was a father on here the other week mentioned he’d successfully got an apology from CAFCASS…..not sure how he went about it but i will be looking to do the same once i get through next weeks battle!
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