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Factual Errors in Cafcass report

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Posts: 23
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Topic starter
(@michno8)
Eminent Member
Joined: 1 year ago

Recommendations by cafcass to issue a barring order and throw c100 application out at Gatekeeping stage.Based on other parties false information. Can't get in touch with them and the closed hearing is 5th January . 

11 Replies
Posts: 5316
(@dadmod2)
Illustrious Member
Joined: 6 years ago

hi,

if its a closed gatekeeping hearing on 5th jan, court will discuss privately with cafcass (both parents do not attend) and they should let you know of the outcome after a few days.

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Posts: 23
Registered
Topic starter
(@michno8)
Eminent Member
Joined: 1 year ago

Doesn't seem fair cafcass have not checked out the true facts and wrote the recommendation on other parties lies .

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Posts: 5316
(@dadmod2)
Illustrious Member
Joined: 6 years ago

you could write email to the court with a brief statement, and ask them to consider it for the closed hearing.

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2 Replies
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(@michno8)
Joined: 1 year ago

Eminent Member
Posts: 23

@bill337 thankyou , done that . What is classed as factual errors please . Is the fact I see my other child regularly ( proof can be obtained ) and report says I havent seen child since 2019. And that  I've put in 3 non molestation orders in 2023  and I haven't.  How do I address these please

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(@dadmod2)
Joined: 6 years ago

Illustrious Member
Posts: 5316

@michno8 you can contact the cafcass officer that wrote the safeguarding letter and ask them to correct any factual errors in it. If they disagree, they will likely tell you raise it at court hearing.

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Posts: 23
Registered
Topic starter
(@michno8)
Eminent Member
Joined: 1 year ago

Judge has gone against Cafcass advise to withdraw cao application at gatekeeping stage and to put barring order in place and has set a Fhdra hearing for both parties to attend but excluding the cafcass officer . The safeguarding report is full of inaccuracies, false allegations and assumptions. How can a position statement be worded to dispute these in just a couple of sentences. As I believe the position statement should be mainly child focussed , but do think the false statements in the report needs to be addressed .Could somebody advise me in how to word it please 

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1 Reply
(@dadmod2)
Joined: 6 years ago

Illustrious Member
Posts: 5316

@michno8 hi, with position statement I suggest you keep to 2 pages, giving brief background to the situation, what the issues are, and what child arrangements you are seeking. you could briefly mention the innacuracies of report, and speak about it at your next hearing.

https://childlawadvice.org.uk/information-pages/writing-a-position-statement/

 

 

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