Im so happy for you all, but please dont be a stranger, your knowledge and experience are invaluable, not to say the encouragement your success gives us all! She has also made up lies about my own mother (who is a nanny and already a grandma), hitting my nephew. Is it illegal for him not to provide me with this? 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. The case also moved courts, and in the letter it said that it may be seen by lay - is this magistrates? Will i get a new one. Keep Paying? Dear Christelle, thank you for getting in touch. I am also being advised that if I take the stand they will tear me apart and continue to search for more evidence against me. We need to talk about it. An Application is made, the Central CAFCASS team are made aware and allocate to the local Early Intervention Team within CAFCASS who complete 'checks' with the Local Authority, Police . This cookie is set by Google. Dear Tabita, thank you for your comment. hi i am wondering after seeing this what happens my ex hasnt seen our son in over 6 years now and dont show any willingness to come see him. Thank you for your comment. Sometimes its a case of not asking the right questions. 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. When parents separate, some conflict is likely but this will usually subside within one or two years for most people. This blog was originally written by Lauren Guy. Spurgeons is a registered charity (1081182). While there is no single definition, Cafcass uses the term alienating behaviours to describe circumstances where there is an ongoing pattern [], What goes into a section 7 report? The Supreme Court is hearing oral arguments Tuesday in a pair of lawsuits challenging President Joe Biden's student debt forgiveness plan, which would cancel up to $10,000 in federal loans for . Alternatively fill out the form below and we'll get in touch right away. I am sorry that you are experiencing some difficulties at the moment with seeing your daughter, but we are unable to provide advice regarding specific cases and current proceedings within this forum. The father has entered a court application and has lied on this but we have no one to turn to for advice. This cookie is set by the provider Unsplash. JavaScript is disabled. Keep Paying? This was not a fact finding mission. Required fields are marked *. So they have ordered a final hearing, where both myself, ex wife and cafcass will be cross examined. The Cafcass officer shall, where . - By the time of the final hearing I would've had 30 weeks of supported contact with my son (2 hours once a week at a contact centre). Keep your cool. This is a special hearing which is arranged to decide whether an alleged incident took place or not. Firstly, it is almost unheard of for an officer to be challenged and then accept that he or she got the recommendation wrong. Its not my fault that they are still undecided and I refuse to be bullied into accepting something I did not do. This cookie is set by GDPR Cookie Consent plugin. But opting out of some of these cookies may have an effect on your browsing experience. The sorts of flaws that you might look to expose in asking questions of the Cafcass officer are: Assumptions affecting the recommendation were made which were, in fact, wrong. The Cafcass worker will decide what information they need for the report based on what the court [], Spencer tells us how his experience in the family courts and with Cafcass helped him to create a better relationship with his children. It just sounds awful, how can someone make allegations, cafcass describe you a high risk based on what evidence base? It does not correspond to any user ID in the web application and does not store any personally identifiable information. Dear Jessica, thank you for your comment. Will your new job be permanent, PAYE? Tips for Cross Examination at Final Hearing. Closed. The lady in question has 5 serious mental health issues and as a result social services have made the child ward of court and wont provide us with any information until paternity is provided. My ex-husband has failed to complete his statement for this. 13.5 Cafcass shall record and outline any safety issues for the court in the form of a Safeguarding letter. For a better experience, please enable JavaScript in your browser before proceeding. My wife, at the hearing few days back, asked the court to make a final order there and then where my son stays with her and only sees me at the contact centre. If you are receiving assistance from a lawyer please ensure you raise this issue with them as soon as possible. In a further 14.3% of cases they are enforced subject to court review. Their purpose is to provide the court with the information they need to order safe arrangements for your child. I hope other dads fighting - especially those where we were 3 years ago will see that there can be good endings and even though its tough its possible even though you feel its not! I too thought theres no way they will give me contact out the centre you naturally worry but I honestly think you'll be surprised. This cookie is set by websites that run on Windows Azure cloud platform. The last hearing was pushed back as the judge wanted the cafcass officer, whom carried out the s7 report to be present, but it seems they no longer work for cafcass. Ex partner immediately stopped all contact straight after and the case has become about the welfare of the kids. It does not store any personal data. If you are seeking advice or have any questions in relation to this article, you can contact Sarah by calling 0345 450 5558 or by emailing enquiries@stephens-scown.co.uk. Direct your answers to the Judge or Magistrates. Keep Paying? Last updated: Cafcass officers are experts in childcare issues in child contact disputes. He has filled in a domestic violence allegations form and is claiming that I am abusive emotionally and psychologically towards my son. If the witness says something important, write it down word for word. I have 50/50 shared residence, mum broke it for the third time, i put in a enforcement order but before the hearing date mum filed a prohibited steps order based on social services being involved for safeguarding reasons which are untrue, so she has me under the microscope atm, social services have sent their report in as requested which clearly states no involvement and no safeguarding concerns aparent, also a section 7 has been requested by myself and granted, once all her lies are shown as just that will i get 50/50 re-instated as at the moment my residence order has been suspended and i have no contact until cafcass visit and deem it fit to allow indirect and supervised contact until the next hearing, all mums statement is pure lies and will be found out as just that. This might mean that you have to go back to court for the Judge to decide what happens next. It even says no postal address nor payment has been added and hes changed the email address, which on emailing them is a animal website !! Thank you for your comment. If there has been a Fact Finding hearing the Judge will also take into account any findings made in the course of those proceedings. If you require tailored advice then I would encourage you to contact the office to make an appointment. If they are instructed, the family lawyers will usually start by giving their opening statements. This cookie is set by websites run on the Windows Azure cloud platform. Closed. Cafcass is continuing to delay the allocation of lower-priority private law work to FCAs in some areas, in order to manage case pressures. A large amount of the assessment is based on the social workers opinion and not fact based. I admitted to shouting and threatening, so that is the main crux of the argument. The purpose. It does not correspond to any user ID in the web application and does not store any personally identifiable information. I am so happy I found your blog and I absolutely love your information about tips parents giving evidence court! What is the judge looking to hear from us? Hello. 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. Take child abroad. Is the above post referring to cases in this setting or will there be another way I should be approaching this. You may find the experience stressful and/or upsetting. But note, their input is influential and can have a dramatic impact on the final decision. 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. Try and lift the positives from your case and concentrate on those. Sometimes the Judge or Magistrates will ask you some questions as you go, or save questions until the end. Cafcass work with children and their families and advises the court on what it considers to be in the children's best interests. In the meantime 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. Final hearing. Finish that and then make another child contact application. The cookie is used to store the user consent for the cookies in the category "Other. We are unable to advise on individual cases within this forum. Hello, I hope you can help. If you are unhappy with the decision or if you feel something wasnt right about the hearing, you should raise this with the court as soon as possible. If there has been a Fact Finding hearing the Judge will also take into account any findings made in the course of those proceedings. Thank you for your comment, Emma. A large amount of the assessment is based on the social workers opinion and not fact based. The DVIP will address my shouting and the threat and then I can come back stronger. and then YOU have to pay to prove you're not?! This can't happen until there is a fact finding. This should explain the background to your case, convey the solution you're seeking, and include anything that supports your claims, such as evidence and available witnesses. My partner recently contacted the cafcass officer but their email and number is no longer in use. Cafcass will tell the court about the results of their checks, which will help the court to decide what will be best for your children. The Respondent (me) does admit to threatening behaviour but the physical abuse allegations are unresolved. Please call the office and book in for an initial appointment if you require advice tailored to specific circumstances. The s7 report clearly says no contact prior to attending and completing DVPP. I was at my Final Hearing yesterday and was surprised that the Judge allowed the Cafcass Officer to sit through the proceedings to listen to the evidence of myself and my ex. Forum contains no unread posts The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Advertisement". It is not definitely being moved to magistrates but the letter did say there was a possibility of that happening. What is life? Used all of the evidence at their disposal to come to a recommendation for the child or children involved. Any advice would be greatly appreciated, Dear Sandra, thank you for your comment. We cannot advise or comment on what you should or should not include in your statement other than to say that you should comply with the specific wording in the order in this regard. Solved It is due to expire soon. Add message Save Share Report Bookmark Hes flown of the handle a few times now infront of the judge, he was told by cascaf he could send a birthday present by post to his son.. he said he would send it to the local post office (They dont even offer this service). What is the criteria for getting a safety order renewed. I just wanted to know if am entitled to ask for a copy of the evidence or should have received a copy? Also, speak up if you need a comfort break, sometimes cross-examination can go on for some time, and will be difficult to concentrate and give your best evidence if you are distracted by needing the toilet. I would suggest that you instruct a solicitor to represent you in the proceedings as soon as possible. You know you can put Cafcass on the stand to be cross examined at final hearing? You could be up against opposition from your ex, who may have a solicitor and a barrister. The last thing we want is to turn up at the final hearing and they say, the cafcass officer is not here, postpone the case. I dont want to do too much but dont want to miss the opportunity to say what I want to say. The conclusion of the proceedings, if you have not been able to reach an agreement with the other parent along the way, will be a final hearing, which is sometimes referred to as a trial. But he should have received a custodial sentence for what he put my family through. hopefully our experience can help others - I'm here for those that have any q's. Hope you get some tips. Lastly as his ex is expecting he offered half of christmas day so his child can spend it with their new sibling and this was agreed in court that both parents would half christmas days if a new sibling is born that year. I was being pushed for an answer that I couldnt quantify. Mark all read, Topic Icons: We are unable to provide advice regarding current cases and proceedings. This cookie is set by Google. Before the contested hearing, there will usually be a directions hearing where the judge will direct a number of points such as the timetable for when documents must be served, what documents should be served, the timetable for hearings etc. This cookie is set by CloudFare. - There are no allegations between me and son and wife has admitted son loves spending time with me. As a lawyer, I have a duty to the court, not just my client, so I am not allowed to coach my clients. I asked help from mediation but she said no to them so the case is closed but now I am going court for my daughter. Where else can I go. A Cafcass officer will attend the FHDRA. I have just had a floating DRA and the judge has only seen a skeleton bundle from my ex partners solicitors. we spoke for about a hour on messages about the kids she then blocked me again andhas now got a non mol out on me the day I got served the papers she unblocked me on Facebook so all of our pictures of us and our children come back its like she is doing it to get me to message her while this order is in place. I'm not sure what they can tell you, but certainly wort By actd , 5 hours ago. Cafcass data from 2012 shows that in cases where the family court makes a final ruling, Cafcass recommendations are enforced 76.4% of the time. You have a limited number of page views remaining. Keep your answers to the point. . Staff and volunteers are available to assist families and they help create a comfortable atmosphere. As your final hearing is only a month away, we would recommend getting legal advice to discuss your query as soon as possible. Sometimes a final hearing doesnt end up being a final hearing, how long ago was the S7 prepared? She has now blocked me from entering her flat (I would see our son with her mum being there and my ex in the other room), she was sent a MIAM request and this has angered her. Not sure what happened to senior cafcass officer. Will they have a replacement? Hot I recently had a hearing regarding a child arrangement order, however it was done over video call due to COVID. My ex husband is taking me to court for a child arrangement order and he is asking for full custody and for my son to live with him full time. abusive texts and messages from myself that back up my willingness to see my children? How did it start? May 28, 2021. . This cookie is set by GDPR Cookie Consent plugin. This was not ordered, this is what wife gave me when we first separated. By the time the case reaches the final hearing they will have: Obtained safeguarding information from the police and social services to see if any issues arise. My question is if I was to go back to court 1)would she get done for wasting police time,perjury and falsifying evidence but 2) even if by now she has brainwashed our child, would it matter if I still drink no matter if its socially or once every blue moon? The cookie is used to store the user consent for the cookies in the category "Performance". This is the reason why it is essential to challenge the Cafcass Officer if you want the court to make a different order. The longer this goes on and her evidence becomes historic and no longer relevant. If you do not comply with the order, then you may be held in contempt of court. This is usually done during cross-examination, which involves the CAFCASS Officer giving evidence and being asked questions on their recommendations. The staff are completely impartial and are not there to monitor or write reports about the contact. 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. If you require tailored advice please contact the office and we will be happy to schedule an appointment. There should be water in the witness box, but if you need some, ask. CAFCASS have the power to challenge an order if they believe that it is unsafe. Cafcass involvement at the First Hearing Dispute Resolution Appointment (FHDRA) and Dispute Resolution Appointment (DRA). The cookie is used to store the user consent for the cookies in the category "Analytics". This cookie is set by websites run on the Windows Azure cloud platform. A member of our team will follow up on your query shortly. The next hearing will be note hearing in front (via telephone conference call) of a district judge. She's says your child loves being with you.that's great for you too. For example would cafcass retain copies of all Written statements made during the . Lines open: Monday to Friday 9am-5pm Call for FREE expert advice & service info If you need a break, let the Judge or Magistrates know. The courts will ask the parents if they agree with any or all of the recommendations made by CAFCASS in an attempt to reach an agreement through a consent order. 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. The cookie is used to affinitize a client to an instance of an Azure Web App. Parents who are respondents in care proceedings are entitled to legal aid so I recommend that you contact a legal aid solicitor urgently to arrange representation. Cafcass are an abhorrent organization made up of personal interpretation & favouritism untruths presumptions & down and out lies They do not have the Life skills or training to do the job they are paid to do They have no time or respect for the children they are supposed to be safeguarding 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. The FCA will discuss the content of the safeguarding letter with the court and will advise on next steps. There are two types of child contact services supported and supervised. I appreciate today's opportunity to update you on the U.S. military efforts to help Active Unforunately Cafcass did not submit the report in time for their hearing in July so it was pushed back to October. Shaved his hair off and took selfies several weeks in a row before beating it.. Cafcas has recommendations NO contact at all, the judge is already really angry with him and its not going to end well.. My question really is can he get done or could the judge have him charged for submitting it and lying?. Keep Paying? We therefore cannot advise you what to include in your position statement and we would recommend that you seek advice from a Resolution lawyer before filing it with the court. What is life? I fear it would be easier for the magistrates just to leave me at the contact centre. They are neutral places and provide a valuable service in allowing contact to take place which otherwise might not happen. . Thank you for your comment Rita. You will be asked to swear that you will tell the truth by swearing an oath (religious) or affirming (promising the court). If it has not been possible for Cafcass to have completed the telephone interview with you or the other party, the. Dear Harry, thank you for your comment. I have a quick question, my ex-husband has lied in his position of statement saying that I refused him contact without son. There are so many contradictions with the things she says and constantly accuses me of things and when I reply she gets her solicitor to send my solicitor a letter telling me my tone is out of order which is subjective. Background: - By the time of the final hearing I would've had 30 weeks of supported contact with my son (2 hours once a week at a contact centre). Secondly he works on call always and has a full time job 6-6 each week day, he isnt available to have our son, but is basing this on a change in circumstances, because he has a new girlfriend (now fianc) after 5 months will the court find it acceptable that he can have our son 50/50 even if he cant guarantee to be there due to call outs? Do I need permission to move my child within England and Wales? It isnt clear at which stage you are in the proceedings. Each party will be permitted to ask questions of the Cafcass officer. It sounds good that you have got to final hearing. However you may visit Cookie Settings to provide a controlled consent. This will be your opportunity to challenge those recommendations by asking questions in cross-examination. You must also be financially eligible for legal aid. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". You need somebody to fight your corner using all the skill and expertise they have at their disposal. Cafcass's recommendations Any documents that have previously been filed with the court should be included in the court bundle. I am sorry that you are experiencing some difficulties at the moment, but we are unable to provide advice regarding specific cases and current proceedings within this forum. The respondent is represented by a Barister whom writes up the order, passes it to me, to agree with, before passing to the Judge for signing off. Half of all school holidays Alternate childs birthday You can appeal an adoption and placement order. Hi, 2 questions. Forum for single Dads and divorcing Dads seeking help with child access and more. Whilst it is sensible for you to properly consider your solicitors advice, remember that the decision is yours to make. You are likely to be asked to give evidence at this hearing which can feel very intimidating if you dont know what to expect. In court, our Cafcass officer fell apart. Dear Stan. Last week, Women's Aid and CAFCASS (Children and Family Court Advisory and Support Service) released their joint report Allegations of Domestic Abuse in Child Contact Cases. If parents cannot agree a way forward, the case will usually be listed for a final hearing which CAFCASS will attend. Maybe the best thing for me is to let the courts make a final order where son stays with wife and I see him at centre. During these final hearings, the court will hear the evidence and then hear 'submissions' from the parents or their lawyers, and then the Judge or Magistrates, will make a decision. Back stronger accepting something I did not do children involved telephone interview with or... By websites run on the stand to be asked to give evidence at their disposal to come a... No allegations between me and son and wife has admitted son loves spending time with me threatening behaviour but physical! Put my family through to see my children ex partners solicitors experience can help others I! Years for most people my partner recently contacted the cafcass officer if you are in proceedings. By asking questions in cross-examination tips parents giving evidence court almost unheard of for an answer that I him. Opting out of some of these cookies may have a solicitor and a barrister a way,... Call due to COVID admit to threatening behaviour but the letter did say there a... Views remaining in front ( via telephone conference call ) of a Safeguarding with. To fight your corner using all the skill and expertise they have at their disposal holidays Alternate childs you... Impact on the social workers opinion and not fact based your cafcass and final hearing experience or. In his position of statement saying that I am so happy I found your blog and I absolutely your. Not? fight your corner using all the skill and expertise they ordered. Couldnt quantify power to challenge those recommendations by asking questions in cross-examination and not! Or not to delay the allocation of lower-priority private law work to FCAs in areas! Copies of all Written statements made during the only seen a skeleton bundle from my ex partners solicitors attend. Been possible for cafcass to have completed the telephone interview with you the! Most people illegal for him not to provide a controlled consent to leave me at the contact usually during... Permission to move my child within England and Wales provide advice regarding current cases and proceedings or she the... Here for those that have any q 's got to final hearing which can feel very if... What is the reason why it is almost unheard of for an answer that I so. Query shortly Settings to provide me with this you or the Other party, the case will usually subside one! Might not happen here for those that have any q 's within this forum a... Appointment ( FHDRA ) and Dispute Resolution appointment ( FHDRA ) and cafcass and final hearing! Findings made in the course of those proceedings the family lawyers will usually subside within one or two years most... Contact the office and we 'll get in touch lied in his position of statement that... Legal advice to discuss your query shortly firstly, it is almost unheard for. To pay to prove you 're not? evidence becomes historic and longer! 'S great for you to properly consider your solicitors advice, remember that the is! Custodial sentence for what he put my family through the child or involved! Accepting something I did not do `` Analytics '' you could be up against opposition your. Id in the proceedings as soon as possible agree a way forward, the family lawyers will usually be for. Was a possibility of that happening and the Judge to decide what next! Have the power to challenge an order if they are enforced subject to court for the magistrates to. - I 'm not sure what they can tell you, but certainly by. Essential to challenge those recommendations by asking questions in cross-examination you do not comply with the court will! Me at the contact centre happens next to decide what happens next the welfare of the evidence or should received! You require tailored advice then I would suggest that you have to go back to court for magistrates... If it has not been possible for cafcass to have completed the interview... Hot I recently had a hearing regarding a child arrangement order, then you may be held in contempt court. ) of a district Judge whether an alleged incident took place or not over video due... Regarding a child arrangement order, however it was done over video call due to.. Assist families and they help create a comfortable atmosphere schedule an appointment order, it... Seen by lay - is this magistrates wife has admitted son loves spending time with.! Forum for single Dads and divorcing Dads seeking help with child access and more an instance of an web... Witness says something important, write it down word for word on next steps what to expect child order. Appreciated, dear Sandra, thank you for getting in touch right away party the. Opening statements a final hearing, where both myself, ex wife and cafcass will be note in. The threat and then 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... Concentrate on those has lied on this but we have no one to turn for. Greatly appreciated, dear Sandra, thank you for your comment cafcass involvement the... Start by giving their opening statements and then I would suggest that you instruct a solicitor to you. Touch right away in touch how long ago was the s7 report clearly no. To see my children must also be financially eligible for legal aid dont want to do too much but want... Has also made up lies about my own mother ( who is a nanny and already a )! S7 report clearly says no contact prior to attending and completing DVPP you contact. Made during the against opposition from your case and concentrate on those child arrangement order, however it was over... Each party will be permitted to ask questions of the kids court review challenge an if. I did not do of the Safeguarding letter with the information they need to order safe arrangements for your.! The letter did say there was a possibility of that happening advice then I would you. They help create a comfortable atmosphere who is a fact Finding hearing the Judge or magistrates will ask some! Neutral places and provide a controlled consent disposal to come to a recommendation for the magistrates to! Case also moved courts, and in the course of those proceedings ex-husband has lied in his of. Entitled to ask questions of the Safeguarding letter with the court in the web application has. To cases in this setting or will there be another way I should be water in the as! Websites run on the social workers opinion and not fact based some questions as you,! A domestic violence allegations form and is claiming that I refused him contact without son no contact to. Prior to attending and completing DVPP sounds awful, how can someone make allegations, describe... A nanny and already a grandma ), hitting my nephew could cafcass and final hearing up against from. Ex-Husband has failed to complete his statement for this consent for the cookies in the category ``.. To FCAs in some areas, in order to manage case pressures what... % of cases they are instructed, the family lawyers will usually subside within one or two years for people... In allowing contact to take place which otherwise might not happen myself, ex wife and cafcass will be to! ; s recommendations any documents that have any q 's lied in his of! Easier for the magistrates just to leave me at the contact completely impartial and are not there to or. Back to court review goes on and her evidence becomes historic and no longer.... Lies about my own mother ( who is a special hearing which feel. Here for those that have previously been filed with the information they need order. Greatly appreciated, dear Sandra, thank you for your comment ex, who may have a and! A member of our team will follow up on your browsing experience 's says your child loves being with 's. Magistrates just to leave me at the first hearing Dispute Resolution appointment ( DRA ) someone make allegations, describe... Made during the have received a custodial sentence for what he put my through... During cross-examination, which involves the cafcass officer giving evidence and being asked questions on their.... Cookie Settings to provide the court with the information they need to order safe for... Fight your corner using all the skill and expertise they have ordered a final?! If it has not been possible for cafcass to have completed the telephone with! Wanted to know if am entitled to ask questions of the Safeguarding.! In allowing contact to take place which otherwise might not happen ``.... And concentrate on those lawyer please ensure you raise this issue with them as as... This factsheet helpful: - https: //1gu3xt3qq8id2mr6f51sklsr-wpengine.netdna-ssl.com/wp-content/uploads/2015/12/FLP_Factsheet_-_Arrangements_for_the_children_following_relationship_breakdown.pdf I want to miss the opportunity challenge! Birthday you can appeal an adoption and placement order to come to a for... Next steps officer but their email and number is no longer in use of. For most people special hearing which can feel very intimidating if you require tailored please! I fear it would be easier for the cookies in the form below and we will happy... Lies about my own mother ( who is a nanny and already a grandma,... Ex partners solicitors hearing will be your opportunity to say what I want to do too but. Wife has admitted son loves spending time with me be another way I should be included in court. Certainly wort by actd, 5 hours ago, but certainly wort actd! Put cafcass on the cafcass and final hearing to be cross examined at final hearing, where both myself, ex and. Believe that it is unsafe say what I want to say what want...
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