Family Assistance Order and cafcass - help as LiP

Cafcass have written wishes and feelings report including child not to be forced to see parent but given time and citing to force them could be counterproductive. Also cites they asked child if would meet other parent with CAFCASS officer and they declined.

In other parent position statement, they have now said applying for Family Assistance Order despite cafcass not recommending it.

Can anyone explain what this could entail, likelihood of getting it agreed and whether child likely to be forced to engage with other parent. They are 12.

A Family Assistance Order is quite rare, and it is an order made under s16 of the Children Act 1989 which orders CAFCASS (or on occasions, Social Services) to "advise, assist and befriend" families in difficult family breakdown. It is made only in circumstances such as:

A major change in a child's circumstances;
When contact begins again after a long period of no contact
When agreements cannot be reached by parents.

It's purpose is to promote the continuation of a child's relationships with both parents and to prevent one parent becoming estranged. It may be used to allow Cafcass a period of time to monitor a situation before making a recommendation on the final order. Before making the order the court must allow the parents/parties to comment on the recommendation - the order can not be made without the consent of both parties. The order may not remain in place for longer than 12 months in the first instance.

Your son won't be "forced" to engage with his father, he may be encouraged over a period of time to connect with his Dad; it all depends on what exactly Cafcass are intending to achieve with the order - it could simply be that they intend to monitor the situation over a period of time while providing you all with assistance and advice before making thier final recommendation to Court.

Thank you Ruby Tuesdsy your advice is invaluable.

It is the stbx saying he's now applying for the FAO not Cafcass, CAFCASS clearly state child should not be forced and to do so will be detrimental to the child at this time. They should be given time and some other recommendations.

If you feel that the FAO isn't going to be of any benefit to your children then you don't have to agree to it - and remember the order can only be granted if both parents consent.

Thanks

I really don't know the answer, child not happy, but refuses you see dad and he's as stubborn as dad. He has decided does not like dad's behaviour towards him and me and not prepared to put up with it any longer. Dad is very controlling and dictatorial.

Other child is seeing dad as he treats him with gifts and money but nothing for other child, CAFCASS and my solicitor have repeatedly said he has to treat them equally. Dad not listening

I have 2 queries regarding child position statement

1 - the other side claims in his statement that I refused to engage with them over contact - I have evidence to the contrary if him cancelling 3 mediation appointments and emails of him refusing to go continue mediation after me urging him to return. Do I need to send copies of these etters to the other side to include in the bundle?

2 - in his position statement which is signed as a statement if truth, he has told a number of blatant lies. Do I wait to address it in court or should I write to the other side pointing these out and providing them with the opportunity to resubmit their statement to court?

Any help will assist

Hi can anyone help with an update on this?

We went to child hearing and I understood it that previous Interim CAO remained in place with child not wishing to see father.

Cafcass wishes report recommendation stated only indirect contact with child via letters and other side requested final hearing to cross examine CAFCASS officer next time (I guess as report didn't say what stbx wanted) in addition they were ordered to respond to my statement of issues raised on the day re future arrangements.

I have now received his response and yet again (same as his position statement there are blatant lies) but more concerning I had raised the issue of him not attending sports club as child fretting about bumping into father. Father's response says court agreed he could enter sport's club and may bump into son, there was no change in the interim order covering this. He blatantly breaches the court order on other things.

We don't have final hearing til next month _ should I write back to court asking for their assistance in enforcing cafcass recommendation of indirect contact only until hearing with father not to have direct contact with son until then?