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Hi,
I posted not too long ago about the court directing my partner and his ex a S7 report by cafcass before varying the order.
He went to court end of March and the judge directed the s7 to be conducted and put the next court date for mid July. He had to submit a statement to cafcass for this s7 report and the original date of completion for the s7 was in April but they have extended it till early/mid July.
My partner still hasnt been contacted by the cafcass officer other than receiving a letter to say that they have extended the completion date.
We are not aware if cafcass has been in contact with his ex and conducted the interviews on the mother/child.
Qs:
How far in advance do they usually get in contact? Obviously if they wanted to his child whilst in his presence at his home they only have this weekend to visit but havent yet been in contact.
Are they able to do the visit without the child present/only complete a telephone interview and pass judgement?
And is there any chance they won't complete it prior to the court date?
Also, what is the next hearing usually about? My partner and his ex are not agreeing on summer contact, The order says about extending time but the mother is refusing to extend time accordingly to the order but only extending it to what she feels. Is this something they will be able to discuss or will the hearing just be the outcome of s7 (if it gets done)?
Thanks in advance
From my recent experience with CAFCASS, I’ve had waited and waited and then finally had to call them to find out what is happening due to it getting close to hearing dates or report submission dates. Then end up having a telephone conversation.
In the earlier years of my case it was similar but managed to get face to face with them and to get them to see (child) with me. the more recent years the CAFCASS officer refused to do face to face with (child) with me, but did do it with (child’s) mother, in their home and not without her being out of touching distance….so from my opinion (child) unable to speak freely and confidentially without potentially “upsetting” mother!
Fingers crossed you get a good one that can separate bullpoop from fact and willing to accept previous evidence that gives the history of your ex’s frustrating of contact.
They should meet the deadline, if they cannot then they need a kick up the backside by a judge, i would be asking the courts why they have had to extend.
The next hearing i’d suggest would be a directions hearing, mainly to go through the S7 report findings and recommendations. If you agree or disagree with anything in the report then you’ll be able to challenge it at that hearing and the judge will then decide if contact can resume or not and if so how it should progress, if your ex disagrees then the judge may direct it for a final hearing to hear more detailed arguments from you both.
Thanks dad-i-d! I don't think it's fair that they spoke to the child Infront of the mother and also didn't even visit you, we should be treated equally..
Struggling to believe that they will visit or complete it by their deadline but only time will tell..if not maybe my partner can contact the court? He doesn't want to go to the next hearing just to be sent away because cafcass haven't completed the S7 and so they cannot have a hearing..
Mother alleged a lot of domestic violence in court but in her statement didn't mention it at all and mainly focused on the child not to have contact with the father's family and even said she has no concern for the father's care. So I wondered if cafcass just thought it's not necessary for a home visit?
I'm sure my partner will be happy as long as he can discuss the upcoming summer holidays contact on the next hearing.
I would definitely contact the court and cafcass about the cafcass delay, the judge may decide to adjourn if the reports aren't ready, which isn't in his or the child's best interests. I would advise that he still attends the hearing, in any event.
Generally cafcass would make a home visit when preparing an S7 but I have known it take place at their office. They're cutting it fine for sure!
It might be worth preparing a brief position statement for the next hearing, with the latest developments and what you would like to happen for the holidays, referencing her statement that she has no concerns about your partner or hos care of the child.
All the best
Thank Mojo.
He will turn up to the hearing regardless but obviously hoping the case wont be adjourned.
Would you contact cafcass? or the court? and if the court before or after the cafcass deadline? I know theres no right or wrong here but my partner contacted cafcass a couple of weeks ago and they just say the same thing - someone will be in contact with you.
The position statement will be pretty much the same as he previously wrote for the variation hearing which was prepared for the hearing but the judge directed s7. I will give tell my partner your suggestion as an option (esp referencing her statement)
Going slightly off topic here but any advise about travel arrangements?
My partner and his ex agreed in court (verbally) that he will do all travelling until the child is 5. Now he is asking to share travel arrangements only 6 months earlier (along with extended contact on weekends - start friday evening not sat morning) but i have a funny feeling his ex is just going to say she still isnt confident driving even after 2 years of having her license.
My partner has not got a license to drive my car (he has auto and I have a manual car) so it ends up me having to do all the driving and it gets a bit too much for me every now and then!
If i leave my partner to get public transport it will take 2+ hours one way which i dont think is fair on him or the child. Will the court take into consideration the fact that im having to do it? Im worried they are going to say it seems to be working so to leave it as it is and not make the mother do anything ...Which may also rule out friday evening contact due to work/travel/routine times but if the mother could share it would mean extra contact, shared travel and no affect to childs routine..
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