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Section 7 ordered
#1
Hello Dads - On the back of the Fof hearing and no findings made around the DA and children welfare, the next steps are to bring cafcass back in to assess the below. Is there anything I need to worry about or probably focus more on ?



a.             how often and for how long the children should see the father;

b.            the concerns of the mother regarding the father;
 
c.             the parenting capacity of the father and mother having regard to the findings made;
 
d.             having regard to the findings of fact made as set out in the Schedule to this order:
 
i.              any harm suffered by the children and the parent with whom the children are living as a consequence of the domestic abuse found;
 
ii.            any harm which the children and the parent with whom the children are living is at risk of suffering if a contact order is made;
 
iii.          information about the facilities available locally (including domestic abuse support services) to assist any party or the children;
 
iv.          the report should address the matters set out in paragraphs 36 and 37 of PD 12J;
 
e.             recommendations in respect of arrangements for the children including stepped arrangements with a view to a final order if possible.
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#2
More importantly, would the Ex try and repeat the same allegations with CAFCASS although they haven't been proven at the finding of fact hearing ? I'm just trying to get a sense whether section 7 would be a repeat of whole allegations mongering albeit with a different person, this time being CAFCASS Smile
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#3
Hi Sean,

Can’t really comment much but I do have a section 7 coming up, been almost 5 weeks since court and still no idea when cafcass will visit me to carry out the report. My interpretation of the report certainly in my case is to ascertain the wishes of the children (son is 6, step daughter is 10) although I avoided a fact find so I’m not sure whether cafcass will try and bring the allegations up. Once I’ve had mine I will let you know what sort of things were mentioned however I don’t recall the same stuff you mentioned above being in my interim order re section 7. I’ll give me a read later and see how it compares.

What I would say is if you had a fact find and nothing was proven then why does that need to be discussed again? I think if mine get brought up I’ll just respond no that is not true or didn’t happen, just don’t get sucked in and give a simple answer and move on. Cafcass May well try and get a rise out of you and label you aggressive if you go overboard with trying to defend them, you can certainly say that it’s not true and the court also made no findings would be my response!
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#4
thanks Astroman that was helpful and timely reminder to remain calm in the face of another allegation storm. I will keep my mouth shut as much as possible Smile you are right our cases are slightly different the difference being the finding of fact, as well as wishes of the children ( mine are just aged 2, poor souls they can't even say they want daddy in their life)

By the way I did get an email from CAFCASS to tell me CAFCASS officer assigned to my case and there will be an interview in 4 weeks. I guess the turn around time varies from one region to the other. very much looking forward to speaking to them. If you haven't heard from them at all, might be worth calling their helpdesk. Cheers.
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#5
Thanks Sean, I think I will chase it up if I'm none the wiser by June. I've got my next hearing in July so little way off yet. Part of me doesn't want to chase them because cafcass for me have been a nightmare!
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#6
I am still not entirely sure of the reason a S7 report is required given their are no welfare issues.

All of the points you have mentioned in your earlier post will be investigated by Cafcass in line with the Welfare Checklist, so it's best to make sure you are familiar with the checklist.

The officer will mention any allegations raised by the ex to you in the meeting, they are trying to gauge your reaction. I would just deny any allegations and mention that you haven't got time for this and are attending the meeting to speak about the children in line with the welfare checklist (this approached worked for me).

Cafcass will ask you what type of schedule you are looking for. Your kids are of a similar age to mine and what would go in your favour is to suggest a phased schedule, Cafcass and the courts like to see this type of approach.
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#7
Thanks Leader, I will go thru the welfare checklist. As for the schedule, it is such a toss up for me personally coz I would love to start having my children at my home 50 % of the time straight away as I have been working overtime to prepare home for them, but I do understand courts and cafcass might be bit wary of changing too much too quickly. I don't know what is reasonable phased increase in contact.
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#8
If you can clarify what the schedule is at the moment then I can make a suggestion from there. Sorry if you have mentioned it already in one of your previous threads.
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#9
thanks 2 children aged 2 years. First year of children's lives still in marriage with their mother, followed by 8 hours every weekend at family home after separation for next 4 months....and this is when it got ugly, Ex alleged welfare issues and moved the contact to contact center for next next 8 months ( 1 hour supervised). After 'finding of fact' hearing found no welfare issues, contact moved to supported for 2 hours but still at contact center pending section 7. Judge already said he doesn't expect section 7 will be any different to 'finding of fact'. Judge also fired a caution to ex that if it turns out one parent is unreasonable there will be consequences, clearly indicating to ex that I shouldn't be in contact center.

As you can see from above, the ex acting on spite kept children away from me for last year for no reason.
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