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Ok so I have a final hearing coming up as my contact with my child was stopped abruptly and for no reason7 months ago now after having a lot of contact with my child for the past 3 years of over night stays and extensive holidays. Contact broke down and have been back and forth to court since.
Cafcass have completed their report and ordered that supervised contact sessions were to take place which only 2 sessions did but it was deemed more damaging to mine and my childs relationship as it was someone from my ex's family who was indeed supervising.
I had 1 positive session with my child with the cafcass officer present and a member of my childs family present.
Cafcass then suggested that an outside contact intervention sevice should do the supervised contact however apart from the first initial meeting with the service no sessions took place. The first session was arranged and my child arrived only to tell them that they didn't want the contact to go ahead and became upset. Contact did not take place.
Further to this Cafcass then suggeseted for contact to take place in a deifferent venue but suddenly childs mother has refused anymore contact sessions to take place and has accussed me of obsessive behaviour and harassment. I'm sure any of you would agree that ringing the relevant people to sort out contact is not obsessive but merely a concerned deseparete father trying to re-establish the contact.
So my question is at the final hearing how much impact is the fact that no substantial amount of contact has taken place between myself and my child during the court proceedings? what impact will this have on the outcome?
Cafcass brought to attentuoned that the resident parent is doing untold damage to the child by the stopping and starting of contact.
I have a solicitor and a barrister for my final hearing however believe my ex partner will still be litigant in person.
I just really need some positive advice that the court will look into the amount of generous exstenvie contact I have had previously and how I have had no influence on y child during this court process and that any behaviours my child is displaying has not been influenced by myself ut by mum and family.
So again how much impact is the fact I have not had substantial contact with my child during the current proceedings going to have on the final outcome of wantng contact to be reinstated at the level it was previously?
Any advice responses would be grealy appreciated.
Hi there
When you say that CAFCASS ordered that contact sessions were to take place, was this reflected in an actual court order?
I understand how you're feeling and I wish I could tell you that the court will act decisively in your case, but it's impossible to predict what they will do unfortunately.
If you have a good judge, they should take CAFCASS findings seriously and act to make sure that the order is complied with... It's would be likely therefore, that this wouldn't turn out to be a final hearing.
Generally speaking courts do take CAFCASS recommendations on board, and if they're aware that you were fully involved in your child's life before contact was stopped, and there are no safeguarding concerns, this should also be a consideration for the judge when deciding how to move things forward.
It might be worth preparing a brief position statement, to explain your current situation and what you would like the court to do.
All the best
Yes it was made Into an order however cafcass seem very pro mum and though the judge was not impressed with my ex for not sdhereing to order myself and solicitor requested it go to a final hearing by way of evidence due yo all of the continuous hold ups. My solicitor has my chronology all ready and is preparing my witness statement.
Its so frustrating I am terrified that I am going to be awarded no contact or reasonable contact which would be devastating. I hope that the court see through her lies and see the evidence of it.
I just want my daughter back!
I was in a similar position to you.
Why did CAFCASS put forward supervised contact?
What have CAFCASS recommended as I presume they would have done a section 7 report (due to supervised access)?
In my case my ex broke the court order from the fist two court sessions), my barrister argued that access was fine before I made the court application, my request was aligned to the CAFCASS section seven report (alternate weekends and half of holidays) and there was no reason for contact to continue to be restricted/disrupted. I was awarded access inline with the recommendation from CAFCASS with all pickups from my son's school to ensure contact takes place.
The key thing is the court usually follows the recommendation from CAFCASS! Good luck!!
As this is to be a final contested hearing, your barrister should have the opportunity to cross examine the Cafcass officer and your ex and then the judge will make a decision.
Previous successful contact should form part of questioning and evidence, and the court should take this on board.
Nobody can predict what an individual judge will decide, but they often go with Cafcass recommendations.
Good luck
Section 7 report highlighted positive things during contact with me and my daughter.
Supervised access was recommended because it was the only thing my ex was happy to do she would not budge.
Yes hoping that she is sensible and gets some representation as I heard if they are litigant in person more likely not to do by way of evidence to avoid my ex personally having to cross examine myself however if that was the case it would end in an unfair final hearing as our opportunity to cross examine cafcass would be taken away from us.
I am confused, just because you were allegedly harassing the mother you can not see your children?
Also why no unsupervised contact?
Did you assault her or similar? what were the accusations on the Scott Schedule?
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