court date come through 6th of March

[BrainDad]

Ash,

How do you go about framing an argument to the judge to ask for an ISW report? If cafcass don't decide it's alientation, do you phrase the argument to the judge as there being issues of parental alienation that need to be looked at closer by an ISW who can spend more time with the family and befriend the child? Im just wondering how a father would go about convincing a judge to order an ISW report if cafcass have already done a s7 and havent come back with alienation. Because a judge might say, we've just had a report so we don't need another one. What are the points to make to a judge to convince him to order a s7 report (like and ISW can spend more time with the children and ascertain their feelings, and ISW can observe contact with mother and report on that etc).

 

[Ash]

I'm not an expert on this, but I think the usual route is to submit a part 25 application requesting an Independent Social Worker and giving reasons why you think it's necessary. So it might be that that is more appropriate at certain stages of the case. If a Section 7 highlights possible issues of coaching then that could maybe be a reason to ask for an ISW report to look into things further.

 

[DB2021]

Ash,

How do you go about framing an argument to the judge to ask for an ISW report? If cafcass don't decide it's alientation, do you phrase the argument to the judge as there being issues of parental alienation that need to be looked at closer by an ISW who can spend more time with the family and befriend the child? Im just wondering how a father would go about convincing a judge to order an ISW report if cafcass have already done a s7 and havent come back with alienation. Because a judge might say, we've just had a report so we don't need another one. What are the points to make to a judge to convince him to order a s7 report (like and ISW can spend more time with the children and ascertain their feelings, and ISW can observe contact with mother and report on that etc).

Just to add a bit of insight.

I applied for an ISW through a part 25 application and my judge refused it saying that before a court would consider an ISW you have to have had a Cafcass guardian first and the ISW I believe is when you disagree with Cafcass worker that is how it was explained to me.

As Ash said it’s not cheap I was quoted around £3500 for this by the ISW I contacted and I think that’s around the average from what I saw looking around online.

I don’t know if it’s different elsewhere or whether what the judge said is correct but that was my experience.

 

[Peanut 21]

To add to DBs points, ISW organisations will say you either need court approval to use them or agreement from the other party.
I posted an article the other day about courts not being keen on using ISWs requested by litigants. Can't find it now.

 

[DB2021]

Ash,

How do you go about framing an argument to the judge to ask for an ISW report? If cafcass don't decide it's alientation, do you phrase the argument to the judge as there being issues of parental alienation that need to be looked at closer by an ISW who can spend more time with the family and befriend the child? Im just wondering how a father would go about convincing a judge to order an ISW report if cafcass have already done a s7 and havent come back with alienation. Because a judge might say, we've just had a report so we don't need another one. What are the points to make to a judge to convince him to order a s7 report (like and ISW can spend more time with the children and ascertain their feelings, and ISW can observe contact with mother and report on that etc).

Yes Peanut is right it has to either be court ordered or agreed with ex sorry forgot to put that bit so great points peanut

 

[Ash]

That's why you do the part 25 application to get it court ordered. A few Dads have used ISW's but maybe it depends at what stage you ask for one.

 

[Ash]

The criteria is supposed to be that there is a need for further evidence I believe. Or that another report is flawed (eg Cafcass) which is maybe why they are later in proceedings sometimes. I think it's easier to ask for psychologists reports but they cost quite a lot more.

 

[Peanut 21]

Just using my partners situation here. As frustrating as it is, it might be worth letting the process play out so in the end the judge orders a psychological assessment instead of you applying for an ISW/psych report.

 

[Peanut 21]

Im just wondering how a father would go about convincing a judge to order an ISW report if cafcass have already done a s7 and havent come back with alienation.

I believe cafcass are reluctant to say it's PA, just because they're not psychologists and don't want to get any flack if they're proved wrong.
It seems that the courts process is for a guardian to be appointed if the pattern of PA behaviour continues and the kids wishes and feelings can't be ascertained.

 

[Ash]

I hope DB gets a Guardian appointed. I think every situation is different as well - different Judges, different Guardians - but yes a Guardian could recommend psychologists reports.

 

[DB2021]

I hope DB gets a Guardian appointed. I think every situation is different as well - different Judges, different Guardians - but yes a Guardian could recommend psychologists reports.

So do I as it’s very much needed.

But only time will tell very much your right it all depends on the judges