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cafcass report writer left

  • pixiefeet
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25 Nov 16 #486066 by pixiefeet
Topic started by pixiefeet
So last week I was meant to challenge Cafcass at a Final Hearing, about my report and recommendations for contact with my daughter.

Previous week I heard my officer had left, but they'd send someone else. In the hearing, this person said she couldn't be challenged or questioned as she didn't write the report.

The hearing was adjourned, as it was close to the end of the day by the time we got in . Court had been held up with another hearing.

So they are basically taking the report as gospel, although I have concerns that I don't think were covered, that come within the welfare checklist.

Do I just go along with their process now or can I do anything else about the report.

  • Erdington
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02 Dec 16 #486280 by Erdington
Reply from Erdington
You should challenge the Section 7 Report irrespective of the Social Worker leaving and you will get a contested hearing. Once this happened you will get an Order to see your children. The Cafcass Social Worker in my child arrangement case came back with a recommendation of no contact. I challenged it through my Solicitor and had a contested hearing on 4th November 2016 and won. I now have a court order in place and I am now seen my only child every other week and will be having him for the Christmas week December 2016. Your child/children will appreciate it in later life that you have the guts to fight for them in order to maintain a priceless relationship with them. So don't quit stand up and be counted like a warrior for your offspring.

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02 Dec 16 #486322 by pixiefeet
Reply from pixiefeet
Thankyou for this reply. Glad to see an answer, and especially a positive one.

Without giving too much detail on a public forum, can you say any more about how your solicitor managed to persuade the judge to go against Cafcass? Or perhaps why Cafcass had been so hard?

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02 Dec 16 #486324 by Erdington
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When I had my interview in August 2016 their were critical information I supplied to the Officer including evidence as to how long I have been trying to sort out contact e.g. text messages I sent, the fact that I have been mailing my son on a monthly basis/bank statements, email sent to my ex wife, the fact that he came once in April 2016 to see me and that his mother brought him because he needed something for his birthday that she could not afford to get him and few days later he requested for me to put some money into his mother bank account to purchase something which I did. There were other informations supplied and information that she gathered from my ex all this was absent from her Report. My Solicitor argued that the Recommendation was not supported by the Welfare Checklist because there was no history of safeguarding. He used case law to support the case.

The Cafcass Officer said at the contested hearing that the only reason she recommended no contact was if my ex should breach the Court Order I would be back to enforce it so in other words she was trying to protect her how disgraceful.

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04 Dec 16 #486369 by pixiefeet
Reply from pixiefeet
Thanks for the info. Great that it has worked out.

I have a contested hearing but they have shut me down on Cafcass. A different officer came but wouldn't let me question/challenge, as the other officer had left. I have another hearing coming up, a contested hearing, but Cafcass won't be there.

I don't have a solicitor so feel I have been cheated a bit here. At the same time, I think I can still put my concerns to the court next time...? I think strictly I may be entitled to another report, but in some ways i'd rather no more Cafcass. They haven't really helped.

I think I will try and scrape some money together for some solicitor's advice. It's all taking up so much money and time. I've had to have time off work with travel etc too. Even without legal fees it's a huge expense. Afraid I will still get nowhere.

If you have any more thoughts on here that would be useful too.

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04 Dec 16 #486374 by Erdington
Reply from Erdington
In order to cut cost my Solicitor only prepared the bundles for the Magistrate Judges and served copies on my ex wife through her Solicitor. I did my witness statement my self with the Personal Support Unit within the Court this is a voluntary service then my Solicitor looked at it and said it was fine. He filed the statement in Court for free plus issued a copy to me ex via Solicitor free of cost. I then represented myself at the hearings including the contested one. They commended me for my professionalism and the fact I do not want another man to be involved in my son,s life.

You could negotiate a fixed price with a Solicitor. Avoid the high street ones
because they will charge a arm and a leg. Find an inner city one who is looking to make a name for the self. They did my divorce as well which I defended and won. So I am now divorcing my ex although she took the matter to court first.

It does appears you are an intelligent guy so you should have no problems whatsoever.

Speak soon

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04 Dec 16 #486375 by Erdington
Reply from Erdington
Pulled off about two case law on Cafcass Section 7 Report more so Court of Appeal against Cafcass No Contact in which they and the Magistrates Court had not done well. You will need to look at the Welfare Check List where it said that safeguarding is an issue so Contact should be allowed.

ECHR and CA said even in extrenous circumstances the Court will still need to explore every available means to facilitate contact. My work colleagues contested the Section 7 Report in Court to do with is son and he now of a Contact Order in place. He represented himself. A PSu staff supported him in the hearing so would need to contact just about now to accompany you to court as means of moral support. They will also say a few words. Again cost nothing.

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