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Hi All,
Wondering if someone can give me some clarification.
At the end of 2018 I had a Cafcass Section 7 report carried out for a court case, it don't go great in that the Cafcass officer believed some of the accusations that the ex made against me and therefore instructed a slow increase to access over the next couple of years.
My Barrister challenged the accusations in court and actually the judge went against the recommendations of Cafcass, I achieved this by getting an hair strand test to show I did not abuse alcohol and providing phone bills showing that I had not harassed the ex by phone calls or texts. So my access to my son was returned to what I had a year earlier when the ex made the change of her own accord.
The problem I have now is the Ex is still citing the Cafcass report, I assumed the Cafcass report was purely for the court to use for making the correct contact order, for safeguarding etc. Surely once the court case is over and if the court does not follow the recommendations in the Cafcass report then it can no longer be used, and if we went back and the court deemed a Cafcass report was needed a new one would be carried out?
I would understand her wanting to take me back to court for breaking a court order, but this is not the case I am following the court order.
Thanks
Is there a child arrangement order in place that was provided by the court? If she is breaching this, then you should enforce the order if she refuses to comply.
There is a child order, she has breached it once before and I managed to get it enforced.
Just really wondering if the old Cafcass report has any weight as she often refers back to it. Its just noise I think!
hi,
i went through court for first time last year. they did S7 report and gave me green light to see kids. i went back to court earlier this year for increased time, and ex messing around. so now they are doing a fresh S7 report. i suspect same may happen to you if you go back to court to vary order, for increased time with kids.
Ignore what she is doing. ridiulous
In law, anything pre-dating the current order has been considered by the courts at the time the order was made.
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