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[Solved] Latest News from Court & Cafcass

 
(@Sporadic)
Estimable Member Registered

Hey guys, so a lot has happened since the last time I was here. Cafcass became involved and were ordered to compile a fresh Section 7 report. Following on from the court case where this was ordered Mum had contact suspended because of a violent altercation with her now ex (more on that below).
So, received Section 7 report. FINALLY someone has listened to us! The reporting officer concentrated on many significant points and raised them in line with mine and my wifes concerns. It was recommended that son continues to live with me & my wife. Ex was proved to be a risk to son and HAS caused harm & that was was consistently dishonest both now and historically.
Contact was a sticking point because we wanted to avoid a contact centre because of the environment for my son. When asked my ex stated that she would prefer contact to be in a contact centre. We found this strange as contact could have resumed instantly, instead contact isn't to resume until we have heard from the contact centre and arranged the initial contact. The contact is to be in a 'supported' setting & not supervised, now what I have read on CAFCASS own website is that when initiating contact through a supported setting they cannot assist with contact where the following has been noted : alcohol misuse, severe mental health problems & a risk of harm to the child. Now these are all relevant in my case so unsure what will happen. I am guessing that it is my job to make the contact centre aware of this and then they will decide how to proceed. So, as it stands contact is still withdrawn. Only indirect contact is to take place once a week. Supported contact in the contact centre will be for a period of 2 hours every other week for 3 months and then increased in 2 hourly increments after that. CAFCASS seem to be more worried that she will rekindle her relationship with said ex and this will create further problems for my son, they have however also raised the concerns that my son is frightened of her and asked for the significance of his relationship with my wife be acknowledged by her. Parental responsibility will cement this.
Ex currently has her own court case going on with regards to this domestic abuse. Now she has claimed to be the victim many times but also the perpetrator so no one can blame me for not believing her when this did happen. Apparently this was a reason for her to miss the 2nd to last court case but evidently she still had time to post her injuries and name the attacker (her ex) on social media. It was because of someone screens hotting this social media post and taking it in to court that contact was stopped. In this social media post the ex claimed that my son had witnessed the abuse and was present when it happened many times. Now when talking to CAFCASS they advised that son has said nothing but good things about her ex and that it was always Mummy hitting and shouting at him, not the other way round. Because this involves my son and I want to know the truth I am making an effort to go to the court date between them. I am aware that having a public gallery entitles anyone to be in there but wondering if this will affect my current court case at all?
The parental responsibility issue is still not resolved, the ex has now stated that she hasn't had the time to seek independent legal advice with regards to this so it has been adjourned until after the court case between her and her ex in November. She is also wanting to get legal advice on the contents and implications of the section 7 report.

Now, this is all obviously good news for me, my family & especially my son who has suffered as a result. He absolutely refuses to have anything to do with his mother at all. I feel relieved that someone has finally listened to me, however it seems to me that everything seems to be centred around my ex and her ex. These problems appear to be because of her abusive relationship with him when these problems were apparent way before then. The new court case between them and his court case which has also been mentioned (his children are under a protection order) in my court case seem to be overshadowing the real problems and my ex is appearing to be some massive victim in this. The court case is not about them, it is about my son. Being able to tell him that he will live with us until he is old enough to make his own decisions was the icing on the cake for us. The safety and security that we can provide him with and not have to worry so much is a massive weight lifted.

So, any advice gratefully received as always.

Quote
Topic starter Posted : 04/10/2017 1:50 pm
(@dadmod4)
Illustrious Member

Hi Sporadic

I'm not sure what advice you are after, it actually sounds as though it's coming together. I would be inclined to stay away from your ex's court hearing - I can't see that it would affect your case, but is it worth taking the risk? You could always ask a friend to go and tell you what happened if you really want to know, but the main thing to concentrate is your own case.

ReplyQuote
Posted : 05/10/2017 1:16 am
 Mojo
(@Mojo)
Illustrious Member Registered

I think you just have to try and keep your case front and centre and try and make sure that the court keep sight of the damage to the child, which is the priority.

I would certainly make the Contact Centre aware of what they are dealing with in regard to your ex's problems and the fact that your child has suffered harm. Keep your finger on the pulse, whilst things are turning your favour, it isn't over yet and it's important that you. Keep your eye on the ball.

All the best

ReplyQuote
Posted : 07/10/2017 2:10 am
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