[Solved] CAFCASS Section 7 Recommendations

Your partner certainly needs to ask for half of holidays etc - hopefully the court will see that, with such a positive cafcass report, that there is no reason not to grant this. If he doesn't ask, the court probably won't add it in of their own volition.

Thank you actd,

He will definitely be reminding all parties that he has requested holidays etc too. Surely the children benefit the most from this.
I agree with such a positive report how can they not grant that too!?
Tbh I've never heard of any parent that has alternative weekends to not have fair contact in holidays birthdays and Xmas etc too.

Thought here would be a good place to ask as it seems every case so different. Good to hear other people's experiences.

Also was wondering in a final hearing if the respondent still disagrees to contact and anything in his parent plan what happens next?
Anyone experienced that?

Thanks

The judge would make a ruling which the resp has to adhere to. Personally, I think it's worth asking the judge in court what is likely to happen if the order isn't stuck to - hopefully the judge would give a stern warning on the consequences of breaking the order.

Hi

I'm assuming the next hearing that has been listed is for a 1 hour DRA? That's the usual hearing to follow a Section 7. The purpose of that hearing is to see if the parties agree to the recommendations so that the court may make an order.

I would advise your partner to write a 1-2 page statement stating that he has had sight of the recommendations and agrees / disagrees / partially agrees with them etc. and his reasons why.

He can close his statement by saying; "the eventual order I am seeking is as follows" and list exactly what he is asking the court to do.

If that can all be agreed at the next hearing (the judge is likely to explain to the mother that they generally go with Cafcass rec's unless they can be persuaded otherwise) then an order can be made.

If either party does not agree with the recommendations and cannot achieve a full agreement, the court will list a half or one day final contested hearing where both parties put forward their cases for what they would like the court to do.

Great advice as always from Yoda... I would add that the S7 has addressed suitability for contact, which is favourable, it's often the case that they leave the finer detail within the order to the court, which would include holidays and birthdays. I wouldn't read too much into it.

All the best

Hi thanks for reply

This hearing coming up is a final (3rd hearing at 4 hours ish)
The second hearing because she was difficult, hostile and refused to make an agreement on anything, changing her concerns to trust etc after having negative test results to drug and alcohol.
The judge took it to the final hearing and ordered a S7 which I thought was strange usually done earlier. But presume it was to go through all the new concerns and home visit etc.

I've started to help him do exactly like you say an eventual order (same as the parent plan he put in at last hearing) and a progression of contact leading up based on recommendations from cafcass.

All quite positive she will still disagree to anything and stand her groubd. She has already started to message him with how she's not happy with the report and how she has read it to the 6 year old who has freaked out and threatened to run away with the thought of spending time with daddy!

She suggests cafcass tricked the children into saying they want to spend time with their father.
Yep crazy! Pretty sure it's lies but still another concern, why read such reports to young children.
It is all a worry.

A little PA was picked up in report but not really spoke about.
I think over the next 8 weeks this will get worse 🙁

To read out the report to a six year old child is seriously inappropriate, I think you should contact CAFCASS and ask them for advice about this. You could also consider writing to the court, for the attention of the judge, and explain your safeguarding concerns with regard to involving the child in the court process and refusing to accept the findings of the S7, going so far as to say that CAFCASS had tricked the children, ask for advice and an earlier return to court.

Thank you mojo
Took your advice on this last week or so with the other concern on child binning indirect cards in bin and the court taking so long for the final hearing after an extension being granted for cafcass to do this report.
Last case was 1st June final not until end of November seems just far to long and not in children's best interests at all.

Contacted cafcass about worry of PA and child being told to bin cards also contacted court told to email with the complaint about time span.
I took your advice and addressed to the judge.
Anyway they don't even read the email/letter for 26 working days which is ridiculous and takes it up to near next case.. will Be read 17th October he's been advised.

He will do this again but with his urgent concern of this they won't read it now until 26 working days from now.
There's just no urgency in family court why? 🙁

Hopefully cafcass will find this more urgent. Because we are both worried.

Also beginning to wonder how many times you can send more things to cafcass and court before they say enough!?

I'm surprised they've gone straight to a final hearing and not listed a DRA, but it does happen that way sometimes.

Cafcass will likely tell you to wait until court, and it will be difficult to get a hearing brought forward as the courts have a huge backlog.

If it's a final, you need to prepare cross examination questions for the mother and for Cafcass as well as a brief closing statement.