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No Cafcass report b...
 
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[Solved] No Cafcass report before my first hearing

 
(@Gjl2016)
Eminent Member Registered

Hello all,

So my first court appearance is on the 3rd January. I have not yet received the initial report from cafcass. I'd made nunourous attempts to contact my cafcass representative when I realised they hadn't attached it to the email. After a week of trying to get through to the correct person they told me I would receive it asap. They are currently closed until the 3rd and my hearing is that morning. When I spoke to the cafcass person they told me of some strong false accusations being made against me. Feel like I'm heading into the lions den with zero information. Any information on what I should do would be much appreciated.

Thanks in advance

Quote
Topic starter Posted : 30/12/2016 8:39 pm
 Mojo
(@Mojo)
Illustrious Member Registered

It's not unusual for the report to be given on the day of the hearing to be honest. Try not to panic, where there are allegations the court is likely to want further information and may request more in depth reports and things like testing for drugs or alcohol, if that has been mentioned.

If the allegations don't have proof to back them up, the court will hopefully ignore them, but they have to look into them regardless and take a cautious approach for the sake of the child's safety.

ReplyQuote
Posted : 31/12/2016 4:42 pm
(@Gjl2016)
Eminent Member Registered

Thank you for your reply..

I can ganuntee her solicitor has the 'report'..

In what world do we live in where a women can make very strong claims and a male only hears about them on the day he arrives at court??

I'm relying on a women I've never seen but talked to over the phone for 20mins to decide if I'm "ok" to see my child..

GUILTY UNTIL PROVEN INNOCENT

ReplyQuote
Topic starter Posted : 31/12/2016 11:57 pm
(@Sheen)
Active Member Registered

It will also depend on what judge you get. But whatever the report of Cafcass, you have to remind the judge that these are allegations made from a phone conversation. Whatever the recommendations are, they are simply that, recommendations not the decision the judge has to make. He / she must look at the evidence brought on the day to back those allegations to inform her / him on whether or not she needs further reports. Where there is not strong evidence of those allegations the judge needs not delay matters by ordering further investigations which will only be harmful to the child as the delays become out of hand after that order for further reporting. Remember while they say for the sake of the child, the child's rights and his best interests are completely ignored by any delays. It makes life even more difficult for them as they are further allianated.

Insist that there are no further reports needed and be quiet firm in inviting the court to dismiss the falls allegations without evidence. If you know what is alleged did not happen then insist on evidence. Don't be massed about but be very careful with the judges on the day and behave implacably.

You will be fine. If you are not taking a lawyer please take a Mackenzie friend, but don't go in there alone especially if she is bringing counsel.

Good luck.

ReplyQuote
Posted : 01/01/2017 5:31 am
 Mojo
(@Mojo)
Illustrious Member Registered

I've just read through you other thread, just to refresh my memory. I think you should prepare a brief position statement explaining what happened and how the allegations came about, I think it's important that you mention that no allegations of any kind were made during the divorce proceedings and the restraining order came about because of your child's complex medical condition and the fact that you weren't being kept informed about his progress, even though you would be asked to spend overnights with him in hospital when it suited her for you to do so....say that you have a close bond with your child and your only concern is the distress not seeing you will have on him.

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Posted : 01/01/2017 3:48 pm
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