CAFCASS SECTION7

[FRAM]

I have finally received my section7 from CAFCASS. they agree my children are not at risk when staying with me but then recommend that I have the children at alternate weekends and Wednesdays afternoons and they live with the mother (which is never at home due to work commitments)!
Before I had 50-50 custody and worked great for the children
I feel really discriminated. CAFCASS think that mothers are better but this is not in my case. The ignored my children statements: we want to live with dad only! and my children describing fights between my ex-wife and new partner when drunk....(I do not drink) and no concerns where raised against me.
Before the final hearing is there any chance to ask CAFFCASS to review the report? I have been told Judges recommend only what CAFFCASS says. So the final hearing just makes solicitors and barrister richer

 

[FRAM]

did you have any experience of the Judge deviating a bit from CAFCASS recommendations?

 

[Ash]

Ok. Did they see the children with you when they did the Section 7? If not you have grounds to have their report undermined at final hearing. Regardless of whether they did or not, the way to get a different outcome at final hearing is put Cafcass on the stand to be cross examined. That's how cross examination wins cases!

A Dad who used to be a member on another forum had personal experience of this (he has residency of his kids and has now moved on in life). He did exactly that.

The point of cross examination is to show arguments to the Judge. I reckon a barrister could do that.

Can you remind me what happened again? You had 50/50 - was that informal or via court order? Then what - ex decided to change things, you applied to court and she made allegations?

I can tell what I think might have happened - because this is my cynical view - that as soon as Cafcass think the Mother might lose residency, they side with her. I swear they would never recommend residency with a Dad. So they are putting the Mother's needs before those of the children, which is the biggest criticism of them.

Yes 99% of the time, Judges follow Cafcass recommendations. But final hearing CAN change things. You would have to be confident about being articulate and very well read up to do the cross examination yourself and be able to use some case law to persuade the Judge. If you can afford a direct access barrister it could be worth it to try and get the outcome changed. Providing it's the right person who is willing to cross examine Cafcass and fight your corner. I wouldn't bother with a solicitor. Except possibly hire one for a one off job to make sure statements are exchanged formally (to avoid dirty tricks).

 

[Ash]

I just read back FRAM and you were being fleeced by your solicitor! I'll just say why I think it's better to have a direct access barrister for a final hearing. Because

a) They deal with you directly and don't get distracted by socialising and chit chat with the solicitor (that has happened to me and solicitor missed things off the order as a result).
b) If there's no solicitor it's the barrister who writes up the order - that is a much more reliable way to get an order written up and it's much harder for the other side to argue against the order wording if the barrister wrote it up - Barristers have higher respect of the courts.

After reading back I suspect Cafcass have gone the "conflict between parents" route. This is a nasty trick ex's play - by being hostile Cafcass think - oh this conflict and hostility is bad for the kids - better they just live with one parent and see the other one occasionally - to protect the kids from hostility. Wrong. The hostility is one sided - and you need to show that as part of your evidence in your final statement.

Even if there had been negativity from both of you - the argument is - 50/50 resolves that - no real need for communication and it gives the kids more chance of normality with each parent and LESS CHANGEOVERs so that helps avoid conflict.

So yes you need to still argue for the 50/50 to be reinstated.

Still not sure why you have a four day final hearing - assume there were a few applications and they've all been rolled into one. Eg was there an nmo and enforcement application as well as a C100 (and possibly a C2 from your ex?).

There are no welfare issues. Could you send me a screenshot of the S7 report by private message?

 

[Ash]

With names blanked out.