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Really need some professional and experiential advice. Went to court in June, mother made allegations of domestic violence and alcohol abuse. I had a hair strand test that showed I'm a regular, but not excessive drinker. No evidence was found of DV and magistrates agreed there was no risk to mother or children but still agreed with cafcass recommendations. Cafcass did a section 7 report with recommendations I agreed with but mother did not. So we had a final hearing in November. Cafcass officer came and upon hearing that it was a magistrate not a real judge, changed her recommendations based on the fact that mum claimed her working pattern had changed. There was no evidence of that. Following the hearing, I have done a subject access request and discovered that none of my evidence was used, the officer didn't contact school or health. She did get all of mum's evidence and used it to inform her decision but told me she didn't need mine. Didn't have the chance to raise it in court. Mum has since broke court order and her working pattern has not changed so the children are with third parties instead of me on a regular basis. I want to go back to court but I want to complete a cafcass complaint first for malfeasance and for ignoring my allegations of PA. I also have medical records and a report from school showing that cafcass failed to find/disclose safeguarding concerns and emails from myself to cafcass that she ignored. I also know they withheld information in my subject access request so I've complained to the information commission office but it will take 12 weeks. What would you recommend I do re complaining to cafcass, what do I ask for? and returning to court - can I appeal, or do I go for a new order, or a variation order. I can't afford legal advice anymore
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How old are children and what access have you been granted at moment by the family courts?
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7 and 4, alternate Friday to Sunday 3pm and every Tuesday until Wednesday, same in holidays
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I wouldnt complain about cafcass , u need them on your side . do u get overnight during week as well as alternate weekends , if so thats pretty good. u could request half of the holidays
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Raising and correcting inaccuracies with in a report is a MUST before the matter becomes heard in court. Failing to do so will be an acceptance you are in agreement with the contents and recommendations for the court to consider. Cafcass have this habit of dismissing fact based contents especially when the information is in support of a father. It only misleads the proceedings putting dads at an disadvantage. I am seeing more and more of the same transcript at work by professionals " hes a right horrible man" " the mothers gone through a lot" etc. Opinions formed and finalised at the initial referral end. professionals making premature judgements when no visit has taken place Personal opinion becoming entangled in what is best for the children.
It is good practice for parents to Point out what you believe is incorrect will not place any disadvantage on your case. It will indeed give you a protective sleeve. Get the inaccuracies corrected or raise them so that the overall proceedings can go on with out a weighted favouritism towards the mother.
Magistrates and judges will welcome the report as it will be seen being completed by a professional leading in this field. I'm find it very insulting that CAFCASS who have only one vision on mind when completed such reports. Such reports should be completed by a statutory body, local authorities Social workers, whom I found mostly fair and accurate and not some private entity.
Sadly to say that its a upward battle. Decisions are made virtually as soon as your application lands on the desk of the courts. Hard to believe, but true.
They seem to run on the standard every other weekend for dads. Flip it around and it will be shared care 50/50 for mothers. This is not a guess. Your find this flowchart mentality on every desk of each author of the report. Magistrates and judges are equal to this behaviour.
Be seen to be in support of your children's welfare.
Become familiar with the childrens act and sec 7 welfare check list.
Childrens act, "it is the right of the child to have contact."
