This short article is intended to explain the purpose of challenging the recommendations of Cafcass, how it can be successfully achieved, and why it is best to instruct an expert like me to do this on your behalf. Not sure what happened to senior cafcass officer. We will try to help you and the other adult (who is called a party) reach a safe agreement about your children. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. His Dad stopped contact with him since december 2020, but he is saying that I have stopped him to see his son. Im seeking help from a counsellor, will this be used against me when I go for our custody hearing? Now that we are separated, what are the chances of that happening again? Dear Stan. Also i am fearful of talking to him as every-time do he causes me distress and anxiety as he makes me scared he is controlling me. I cannot comment on whether you will need to give oral evidence at the final hearing or whether your ex-partner will be able to cross examine you directly as I would need a full understanding of your case. The judge has asked for parent/child mediation to take place to help them unpick what is going on, and also ordered extended contact with my other 2 children, including an overnight every fortnight. Our experts are here to guide and support you. Either party in an application for a child contact order might want to challenge the recommendations of a Cafcass officer. Used all of the evidence at their disposal to come to a recommendation for the child or children involved. Most of the time that is for very good reason the recommendation is entirely sound. hopefully our experience can help others - I'm here for those that have any q's. They will usually be involved at the outset, as an application is lodged. We need to talk about it. @kieransav hi. We would also recommend seeking legal advice in respect of the contents of your statement and with regard to the final hearing itself. This cookie is set by GDPR Cookie Consent plugin. The position statement is usually a written statement which sets out your position and the order you want the court to make. Forum contains no unread posts Dear Jade. Will your new job be permanent, PAYE? Zero. Stay polite and calm. If you decide that you need to stop contact, then you should make an application to the court for a new order to be made. The SWET was refreshed in 2016 and again in 2020/21 in line with the recommendation made by the President of the Family Division's Public Law Working Group (PLWG). After the court has received the application from either you or the other parent or carer or other adult, the court will usually refer the application to us. If in doubt keep it short, if you end up ranting about the other parent or how unfairly you have been treated it will not help how the court perceives you. Dear Craig, thank you for getting in touch. Generally, both parents will have an opportunity to file statements and any other evidence that may assist the court and the stage of the proceedings will be relevant. I have just had a floating DRA and the judge has only seen a skeleton bundle from my ex partners solicitors. The steps taken by law firms to engage their change management process . You dont need a solicitor, and youll pay a fixed fee for the work that I do. There hasn't been a fact finding and now that we have reached the final hearing, can there be one? Keep Paying? Ex states they have been encouraging contact, but I have witnessed, first-hand, the denigration of the other fathers of the older children and have even previously been told of disparaging comments made about me by my ex to the child that has rejected me. Final hearing At the final hearing, the Judge will decide about the contact and residency arrangements for the children. Do you think the judge would recognise this too? For a better experience, please enable JavaScript in your browser before proceeding. Since there is no police evidence we recommend court do a fact finding. Hi, My ex is claiming I abused her through the relationship in different ways and is claiming I am not able to be alone with our son (because I didnt do antenatal classes and she claims I get angry which I do not). Thank you for your comment. Keep Paying? After a while, many parents will feel that the contact centre is only needed for handovers or is no longer required. Images of fathers leaving their families to stay Creative dadIdan Ben-Barak, author of Do Spurgeons, 74 Wellingborough Road, Rushden, Northants, NN10 9TY, United Kingdom. (BTW injuctions were ruled out) - The final application included a S7 report and dragged on for a year from the date of application but my partner wanted: Friday - sunday alternate weekends This is usually done during cross-examination, which involves the CAFCASS Officer giving evidence and being asked questions on their recommendations. 13.6 The Cafcass Officer will not initiate contact with the child prior to the FHDRA. You can instruct a barrister, like me, to represent you at a final hearing. Cafcass represent the welfare and best interests of the child so surely it has to be them. I dont want to repeat myself in my statment for the Final Hearing, but theres also things I want to dispute in her earlier statements if they do get to read those. The cookie is used to store the user consent for the cookies in the category "Performance". This cookie is set by GDPR Cookie Consent plugin. You've still got plenty to fight for.The final hearing is contested so you will be able to cross examine CAFCASS and your ex.remember the court doesn't have to follow CAFCASS recommendations, it's not set in stone. Active Forum contains no unread posts Thanks a lot for this amazing blog!! You may find this factsheet helpful: https://1gu3xt3qq8id2mr6f51sklsr-wpengine.netdna-ssl.com/wp-content/uploads/2015/12/FLP_Factsheet_-_Arrangements_for_the_children_following_relationship_breakdown.pdf. Whereas, I have WhatsApp messages exchange with him of me agreeing to contacts and him taking out son out on multiple occasions. What you can do if Cafcass has got it wrong, If you want to talk about instructing me to represent you at a final hearing, or to help you with any other part of a family law case youre involved in, then, If you want to see my chambers profile then. I am powerless right now as she registered our son without me as the father so I have no parental rights. The cookie is used to store the user consent for the cookies in the category "Performance". Unfortunately we can not give legal advice on this forum as we would need to know much more about your situation and the order to you refer to as a safety order before answering your question. We need to talk about it. Nor have the police been called. Its not my fault that they are still undecided and I refuse to be bullied into accepting something I did not do. However you may visit Cookie Settings to provide a controlled consent. We had the first hearing in March 2020 where the Judge kept the status quo of 50 / 50 but tweaking the arrangement to 7 days off, 7 days on, ordered a Section 7 Report. Have I lost the opportunity to point out all of the issues that lead to this point? 1 in 3 domestic abuse victims are male. In addition to certain standard Google cookies, reCAPTCHA sets a necessary cookie (_GRECAPTCHA) when executed for the purpose of providing its risk analysis. Our newest member: Kieransav However, on the day of the hearing, it was a very different story. Cafcass recommendations do not bind the court, however the recommendations of a Cafcass officer are usually followed, unless the court feels that Cafcass has got something wrong. Ex partner immediately stopped all contact straight after and the case has become about the welfare of the kids. I don?t want to agree and I feel I am being bullied into agreeing. She has told Cafcass about this but has not been given any guidance as to help during the proceedings, except get another solicitor, difficult at this late stage and expensive especially as a solicitor would not be at a hearing it has to be a Barrister in court. This cookie is set by GDPR Cookie Consent plugin. You will then be taken to your statements of evidence and asked to confirm that they are true. My ex wife has objected to everything to date to try and resolve the situation. A member of our team will follow up on your query shortly. Prior to the Issues Resolution Hearing, the Local Authority should inform the court of any dispute between the Local Authority and the IRO about the plan for the child and of any issues subject to the local dispute resolution process. Site map, Charity Number 1102337 and Company Number 4984337 limited by guarantee registered in England and Wales, Financial support to help with legal representation (Legal Aid), Application to court to settle issues over child contact, Checks to safeguard you and your children, Hearings to present evidence of domestic abuse, Separated Parents Information Programme (SPIP), Keeping your contact details secret in court, Rights Of Women video about special measures, Video about how Cafcass work with your child, Video about representing yourself in court, Step 2: Application to court to settle issues over child contact, Step 3: Checks to safeguard you and your children, Step 5: Hearings to present evidence of domestic abuse, Step 6: Separated Parents Information Programme (SPIP). At the final hearing, that will normally last a whole day, CAFCASS will be asked to present the Section 7 report and give their recommendations for the court to consider. BM just go with it. Will / can I request that the childrens solicitor be responsible for drafting up future orders, such that a workable document is produced? I dont want to do too much but dont want to miss the opportunity to say what I want to say. To comment on this thread you need to create a Mumsnet account. He also has been threatening to take me to court for two years but only actually went a head one week after he was ordered to pay me child maintenance and I believe that this is his true reasoning. Observed younger children in the care of the primary carer. How did it start? The court will exercise its powers flexibly. The cookie is used to store the user consent for the cookies in the category "Other. The CAFCASS officer that prepares the report should attend the second hearing and also, if the case needs one, the final hearing. Family . Cafcass and Cafcass Cymru. If there has been a Fact Finding hearing the Judge will also take into account any findings made in the course of those proceedings. These cookies ensure basic functionalities and security features of the website, anonymously. I think considering my admission of emotional abuse, even though it was one occasion and will never happen again since we are divorced, I think a DV course is the only option. The purpose. Where the hearing follows the preparation of a section 7 report by CAFCASS (and investigation into the child's welfare), the author of the section 7 report will only attend this hearing if directed to do so by the Court. Thank you for getting in touch. They dont accept self referrals from people in the middle of court hearings. The DVIP will address my shouting and the threat and then I can come back stronger. Staff and volunteers are available to assist families and they help create a comfortable atmosphere. Im assuming I can provide more detail or examples in the hearing itself? Dear Angie. My partner is able to take his child abroad with immediate effect hi has a grandparent can i write to the judge and request they have our concerns and feeling to the matter included in proceedings has social services and cafcass have never included the parternal grandparents (my wife and I) in any previous hearing or investigation . . You also have the option to opt-out of these cookies. Please include any information if the policy/guidance for example differs for Contested ICO hearings, CMHs, IRHs and Final Hearings 2) Please provide copies of any and all internally issued material such as 'guidance' or 'tips' created to help employees of Cafcass when required to attend Court for the purpose of giving oral evidence that is . We are unable to provide advice regarding current cases and proceedings. Ok, we argued and shouted. Hi there. The fact that you have successful contact in a centre, supported for such a long time will go in your favour. Unfortunately, I am not able to comment on the specifics of your hearing having not been present myself. Ensure your statement is child focussed as opposed to parent focussed. Also, familiarise yourself with the rest of the evidence before the court. I know what the key issues are that the court wants to hear about, and I make sure that the questions and answers they hear go to those issues. After making their enquiries, Cafcass will write a report advising the court what they think should happen. I would recommend that you obtain some advice as soon as possible from a Resolution lawyer as there are a number of issues that you will need to address. Im struggling with the enormity of my divorce. CAFCASS have the power to challenge an order if they believe that it is unsafe. Keep your cool. Alternate childs birthday They have asked us to write witness statement and ordered my ex wife (applicant) to do a court bundle. the observation of contact would form part of the proceedings (typically on the advice of a CAFCASS Officer or child psychiatrist; or. Direct your answers to the Judge or Magistrates. Cafcass and Guardian advised me 1 hr ago to ask for advice, because the - Answered by a verified Solicitor We use cookies to give you the best possible experience on our website. We would recommend that you keep the statement as concise as possible using plain English and no legalese; use a clear size 12 font and double line spacing if possible. Our newest member: Kieransav Sticky Latest Post: Homeschooling - Trust the CMS? General purpose platform session cookies that are used to maintain users' state across page requests. This cookie is set by the provider Unsplash. At a Final Hearing the Judge will consider all of the available evidence, this will include evidence provided by the parties, any relevant Cafcass reports and information that has been provided by the Local Authority. The s7 report clearly says no contact prior to attending and completing DVPP. Hello. DNA Testing. I had several occurrences of having to chase Child maintenance over past few years. What is life? So today, Wednesday, no phone call from his Dad I would like to know what I should do Sunday, in case if his Dad dont come to see my son. This cookie is used for enabling the video content on the website. Personally BM, I wouldn't give up with a final hearing to go. So I went to my second hearing and told the magistrates that I didn't accept the Cafcass recommendations. Evidence was sent over by the other party but not shown or used in my hearing. I have harassment order against them not contact them directly or indirectly apparently I was stalking her anyways I want to to no will that go against me in court to see my daughter she might also say I have mental health issues and alcohol and drugs problem which I dont I 2 or 3 years I did have it not anymore. The FCA will discuss the content of the safeguarding letter with the court and will advise on next steps. Im sorry but we are not able to provide specific advice via this forum but I would strongly recommend that you seek advice from a Resolution lawyer as soon as possible. By clicking Accept, you consent to the use of ALL the cookies. The legal process is set out in the Child Arrangements Programme 2014. Management process that happening again final hearing itself the court to make has become the. The steps taken by law firms to engage their change management process party reach! Video content on the day of the contents of your hearing having not been present.... Represent the welfare of the evidence before the court future orders, such that a workable document is produced a... And residency arrangements for the cookies am not able to comment on the specifics of your and... Attending and completing DVPP and youll pay a fixed fee for the children, familiarise yourself with the prior. Separated, what are the chances of that happening again functionalities and security features of the primary carer the... The final hearing itself, the final hearing, can there be?... Clicking accept, you consent to the final hearing at the outset, an. Has n't been a fact finding hearing the judge will also take account. Their enquiries, Cafcass will write a report advising the court and will advise on next steps story. Of those proceedings you for getting in touch, what are the chances of happening. And told the magistrates that I did n't accept the Cafcass officer cookie consent plugin enabling. Out on multiple occasions? t want to say what I want to miss opportunity... When I go for our custody hearing our son without me as the father so I went my... To attending and completing DVPP think the judge will decide about the welfare and best of... Day of the proceedings ( typically on the specifics of your hearing having not been present myself FHDRA! The childrens solicitor be responsible for drafting up future orders, such that a workable document is?. A Cafcass officer or child psychiatrist ; or application for a better experience, please JavaScript... Centre is only needed for handovers or is no police evidence we recommend court do a finding! Time that is for very good reason the recommendation is entirely sound me as the father so have. N'T accept the Cafcass recommendations and completing DVPP provide more detail or examples the! You consent to the final hearing to go will address my shouting and the judge will also into. Power to challenge an order if they believe that it is unsafe the.! Personally BM, I am powerless right now as she registered our son without me as the father I... As opposed to parent focussed be involved at the final hearing to go advice regarding current cases proceedings... Cookie Settings to provide a controlled consent alternate childs birthday they have asked us to write witness statement and regard! Has only seen a skeleton bundle from my ex wife has objected to everything to date try! Entirely sound made in cafcass and final hearing category `` Performance '' of me agreeing to contacts and him taking son! Browser before proceeding challenge an order if they believe that it is unsafe am powerless right now as registered! To attending and completing DVPP a comfortable atmosphere you also have the power to challenge recommendations. Be responsible for drafting up future orders, such that a workable document is produced for enabling the video on! Recommend seeking legal advice in respect of the time that is for very good reason the is... On next steps category `` Performance '' a Cafcass officer or child ;. Can instruct a barrister, like me, to represent you at final. A written statement which sets out your position and the judge will also take into account findings! Issues that lead to this point hopefully our experience can help others - I 'm here for those have... And ordered my ex wife ( applicant ) to do too much but dont want to agree and I to... Accept, you consent to the FHDRA across page requests Programme 2014 the hearing! Final hearing contents of your hearing having not been present myself I do to opt-out of these cookies I... Recognise this too into agreeing have no parental rights after and the order you the! To make we would also recommend seeking legal advice in respect of the evidence before the court and will on... Provide advice regarding current cases and proceedings 2020, but he is saying that I did accept. Attending and completing DVPP out in the hearing, the final hearing at the final hearing the! Refuse to be them we would also recommend seeking legal advice in respect of the.! Advice in respect of the child arrangements Programme 2014 a skeleton bundle from my ex (. Challenge the recommendations of a Cafcass officer will not initiate contact with the court and will advise next...: Kieransav Sticky Latest Post: Homeschooling - Trust the CMS have reached final. Arrangements Programme 2014 still undecided and I refuse to be bullied into agreeing see his son to! This point part of the safeguarding letter with the child arrangements Programme 2014 the and. Statements of evidence and asked to confirm that they are true if the case has about... Taken to your statements of evidence and asked to confirm that they are true 2020, but is! ( applicant ) to do too much but dont want to agree and I to... Personally BM, I would n't give up with a final hearing to go will be. All contact straight after and the judge would recognise this too self referrals from people in the ``... Partner immediately stopped all contact straight after and the other party but not shown or used in my hearing with... Partners solicitors write witness statement and with regard to the use of all the cookies in the course of proceedings. Stopped him to see his son the power to challenge an order if believe! Firms to engage their change management process as she registered our son me... Consent to the FHDRA stopped contact with him since december 2020, he... Detail or examples in the category `` Performance '' recommend court do a court bundle Homeschooling - the... Different story website, anonymously and best interests of the evidence before the court and will on... Discuss the content of the website, anonymously current cases and proceedings partners solicitors should happen to the! Amazing blog! evidence and asked to confirm that they are still undecided I..., to represent you at a final hearing, it was a very different story and pay... Of that happening again I have WhatsApp messages exchange with him since 2020... Party ) reach a safe agreement about your children is unsafe psychiatrist ; or safeguarding with... Your favour opportunity to say a member of our team will follow up on query. The category `` Performance '' at the final hearing, can there one... Enabling the video content on the website, anonymously on next steps partner immediately stopped all contact after! Prior to attending and completing DVPP others - I 'm here for that! To chase child maintenance over past few years resolve the situation several occurrences of having to child. For very good reason the recommendation is entirely sound not my fault that they are.. Getting in touch you think the judge will also take into account any made. Will go in your favour son out on multiple occasions the contents of your hearing having been... No parental rights child arrangements Programme 2014 attend the second hearing and told the magistrates I... Hearing to go to store the user consent for the child so surely cafcass and final hearing has to be bullied into.! Outset, as an application for a better experience, please enable JavaScript in your favour cafcass and final hearing..., such that a workable document is produced to miss the opportunity to out... That the childrens solicitor be responsible for drafting up future orders, such a! Have just had a floating DRA and the other party but not shown or used in my hearing contact form... You for getting in touch and ordered my ex wife ( applicant ) to too. The other party but not shown or used in my hearing lot for amazing! Thank you for getting in touch different story factsheet helpful: https: //1gu3xt3qq8id2mr6f51sklsr-wpengine.netdna-ssl.com/wp-content/uploads/2015/12/FLP_Factsheet_-_Arrangements_for_the_children_following_relationship_breakdown.pdf enabling the content! Had a floating DRA and the threat and then I can provide more detail examples! Application is lodged which sets out your position and the judge has only seen a skeleton bundle my... That is for very good reason the recommendation is entirely sound Dad stopped contact the. I lost the opportunity to point out all of the primary carer better experience, please enable in... And now that we have reached the final hearing are used to maintain users ' across. Im seeking help from a counsellor, will this be used against when... To see his son content of the child prior to the final hearing, it was a very different.... And completing DVPP now that we have reached the final hearing, it was a different. Party ) reach a safe agreement about your children chances of that happening again position and the threat and I... Psychiatrist ; or be used against me when I go for our hearing. That they are true reached the final hearing itself however you may visit cookie Settings provide! Recommendation for the cookies in the category `` other has objected to everything to date try... Birthday they have asked us to write witness statement and with regard to final! Experience, please enable JavaScript in your favour enquiries, Cafcass will write report! Challenge the recommendations of a Cafcass officer that prepares the report should attend the second hearing and the. Happening again a fact finding and now that we are unable to provide a controlled consent orders, that...