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Worried about cafcass impartiality
#1
hello all

Im a new poster here so sorry if this has been covered elsewhere previously.

I know that the advice is to try and bring cafcass along with you but despite trying to be reasonable I do feel that this hasn't happened.

my situation: I was an involved Dad to my kids both below 10, taking them and collecting them to and from school, cooking cleaning and generally  domestically helping out at least 50% maybe more. Plus I was involved in their lives as much as I could, lots of play time, reading, swimming, walks, bike trips, games, encouragement and assistance with homework, help with after school and evening clubs eg beavers.

We were all still living at the family home but this was becoming increasingly difficult as the wife and I seemed to disagree about just about everything, money, philosophy on life and so on. After 3 months of increasingly difficult mediation she told the kids behind my back and we had a non violent argument. Mother called the police. The police classified it as a no crime domestic and left the kids in my care. Mother went to stay with friends. The kids were upset so I took them away for a few days - telling the wife where we were going and ensuring the children were in contact with their Mom.
The second day we were away Mom served an ex parte set of court orders on me and I am subject to:
an occupation order excluding me from the family home
an non molestation order
a child arrangement order meaning that I am seeing my kids for the sum total of less than 10 hours per month in supported contact (I graduated from supervised contact after 4 sessions.)

Mothers solicitor wrote to tell me that my wife would only agree to supervised contact. that did start about a month after the court hearing on the occupation order but before the first hearing of the childrens order.

At the first court hearing I asked for as much contact as possible. I work shifts not locally to the kids, so the kids will have to be resident with the mother for the short term foreseeable future but I was hoping for contact including unsupervised overnights. The judge said that they would have to wait fr the s7 report.

the original cafcass officer who I met at court seemed impartial and keen to progress contact for the benefit of the kids
another officer was assigned and they have been much less proactive, much and appear to me very much to side with mother's view of things.
I have asked cafcass for contact to progress to days out ie handover at contact centre, and/or overnights.

Mother is not supportive of this at this time citing undue influence?>

Cafcass have stated they cannot force the issue with mother, and I understand that court would prefer mother is not forced to do anything she doesn't want to.

However does this mean then that until such time as she decides that I am not a risk to my own children, I am stuck?
This is not going to happen
She is 100% adversarial and will not engage in any sort of discussion whatsoever.
I have had to move out of the family home and am in 10s of £thousands of debt. So I have to self represent and am feeling that at the moment I am fighting mom and maybe cafcass too, which does not sound a good position to be in?

I have not had the s7 report yet.

Any advice as to how to proceed gratefully received.

thanks in advance

Fr Ted.
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#2
no the court thinks both paring having normal contact is in the best interests of the kids

just because your ex dont want you to doesnt mean the court will agree with her and disallow you to have normal contact

in fact the court will probably rule in your favour unless your ex can provide a real reason for why she doesnt want you to have it
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#3
(03-14-2017, 06:01 PM)cornishguy91 Wrote: no the court thinks both paring having normal contact is in the best interests of the kids

just because your ex dont want you to doesnt mean the court will agree with her and disallow you to have normal contact

in fact the court will probably rule in your favour unless your ex can provide a real reason for why she doesnt want you to have it

thanks Cornishguy91

Mother is stating "undue level of influence"? She has cited emotional abuse both to her and the kids.
 to be fair I think both adults were hurting one another so although I am in so many feet of financial sh!t because I have had to move out actually I am in a better state than if I were trying to manage staying at home
It feels as if cafcass is siding with mom though, and that will make it difficult to argue the case in court I think?
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#4
yes i know how you feel

on my cafcass report it listed every crime i have ever been arrested for convicted or non convicted and on the mothers part all it said was no safe guarding concerns

in my opinion it should of listed her arrest record aswell
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#5
I have been monitored by contact centre staff and their report stated the kids wished to stay with me and not go home as that is what the kids told the staff.

I do not know if their Mom has been observed.

I am afraid I believe Moms actions are malicious. 

at the moment it does feel as if she has the upper hand and I am having to fight for the minutest amount of time with my kids. I find this hard as the kids ask me when things are going to change and I cannot answer them.
Has anybody else over come a negative cafcass situation?
and can I retrieve things?

any ideas?
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#6
first of all we need to know how old are your kids
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#7
8 and 9

The contact centre reports identify several occurrences of the kids not even wanting to go home to mom.

I have mentioned this to cafcass, although I am uncertain if the officer is swayed by this evidence?
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