Section 7 undertaking, ex trying to manipulate Cafcass?
Hi everyone, Quick update on my case and I have a few questions I hope you can help me with.... 1. My situation - 3 kids with ex-wife, I'm remarried with 2 stepkids and live overseas in Europe, ex and kids are in the UK. Contact with kids was stopped for 14months due to covid travel...
dadswithkids.co.uk
Hi everyone, it's been a few weeks and my last thread was getting very long so I've started a new post and will try to recap briefly and have linked my previous thread above. Hope you're all still with me
For recap -
I live abroad with wife and 2 stepkids. Ex has my 3 kids in the UK, (son 13, daughters 10 and 8). CAO filed Dec' 21 when ex was refusing contact, being incredibly hostile to me and partner, kids rejecting me without cause, Cafcass found no safeguarding, at the FHDRA section 7 ordered and no interim order but was managing to have monthly weekend contact with my 2 youngest and managed to eventually persuade ex to allow overnights. No contact between visits and completely cut off by my son.
Section 7 was positive about both parents and recommended increasing my time and for my daughter's to travel to my home abroad - ex completely refused this and slated me and Cafcass via position statement. Cafcass also recommended a letter to my son (who hates me based upon lies and wiping of good memories) to answer his questions and to begin the process of reconnecting with him supported by the Cafcass officer. Ex agreed to the letter only. Both sides agreed to a family assistance order for 6 months to iron out issues with telephone contact with the kids and to make recommendations for a final court review, potentially without the need for another hearing if Cafcass could get the parents to agree. I'm asking for half of all school holidays to be spent abroad with me - ex objects to this for various spurious reasons.
Judge ordered interim contact of monthly Friday from school to Sunday back home for my 2 girls, a week at Xmas in the UK with the girls, once a week phonecalls/facetime with the girls, and for a plan to be put in place by Cafcass to reintroduce contact with my son.
If you've been following my story you may recall that the ex attempted to get this order rewritten, and actually wrote her own order and sent to the judge. My barrister and the judge shot her down and the original order stood. This caused a 2 week delay and we are now 7 weeks into the order.
I had concerns about the Cafcass officer who after the court hearing (they failed to show), started stonewalling me, but on the advice of my barrister I've stuck with it in the hope that Cafcass's involvement would help ensure the order is followed.
Here's what's been happening....
I travelled back to the UK at the beginning of August to collect my two daughters for my first Friday to Sunday weekend. It was a few days before my youngest's birthday and I'd booked us a nice cottage by the sea and took birthday decorations/balloons etc so we could have a nice birthday tea and cake together and we planned to go out shopping to choose the birthday gifts together on the Saturday.
When I arrived to collect the girls the ex shoved pen and paper in my face and demanded I write down the address of where I was staying. I said no and the ex kicked off and went crazy, verbally and physically abusing me in front of the children. When she opened the door, both my daughters were stood smiling ready to come with their bags, but when their mother started going crazy, she pushed the girls behind her, said you're not taking my children and slammed the door in my face.
She called the Cafcass officer whilst I sat in the car bewildered at what was happening then banged on my car window and shoved her phone in my face. Initially the Cafcass officer on the phone blamed me and I calmly explained my reason for not giving the address. I have my reasons and can explain if anyone wants to hear....
Anyway, I agreed to provide the address and the ex brought only my youngest child out and literally threw her car seat at me, and slammed the car door, shouting more abuse at me in front of my youngest as she did so.
I didn't see my elder daughter after that. My youngest and I ended up having a very subdued weekend and she missed her sister. During the weekend she kept asking me why she can't come to my home and also asked if there is a secret way we can message each other without mummy knowing because mummy doesn't like it. I reported all of this back to Cafcass after the visit and she agreed that what happened was completely unacceptable. Finally, she recognised what I've been asking for months - that a 3rd party handover is necessary when it's from home and that we should use a parenting app for communication and have no further direct contact with each other.
I also reported to her that I haven't had a single court-ordered telephone contact with my daughters since the order came into force and that I was still awaiting for the letter to my son to be facilitated. Excuses from the mother re the lack of calls were "their SIM cards are not standard and they don't have data", I call them on a normal phone call they only need signal and nothing to do with data or WiFi. They have standard sim cards as I bought their phones and set them up. When I call the call gets declined or unanswered. It's court ordered for the mother to facilitate the calls and this just isn't happening.
Mother and Cafcass constantly talking to me about finances and Cafcass reporting back to me that the children are asking questions about finances and want to know how much I earn and do I have any money - You may recall that the majority of my son's questions he wanted addressing in the letter were regarding finances and his false belief that I'd bought myself a Mercedes...
For background on this, I was financially abused by ex for over a decade, she's entirely money-orientated, (wasn't allowed a bank account - was a skint high earner as she siphoned off thousands from my business account), walked away in the divorce with zero and gave her everything, she deliberately racked up huge legal bills for me to pay and using the children as leverage extracted money out of me post-divorce. I pay a financial resolution to her for the next x amount of years which paid for her to remortgage the house in her own sole name and gave her all of the equity and contents, I still pay for a joint loan with her and I pay child maintenance. I recently reduced this legitimately and fairly due to taking into account caring for my stepdaughters (I only did this year despite providing for my stepdaughters for over 2 years), a reduction in my income due to lack of work, and to take into account the exchange rate. She doesn't agree to this, is pleading poverty to the kids and Cafcass, claiming she's a single parent when her boyfriend actually lives with her, and spending stupid amounts of money on unnecessary items for the kids then sending me the receipts and demanding I pay for them. I've told her my monthly payments are to cover my contribution to the children's expenses, but she is using this to alienate and talking to the kids constantly about money. I'm actually skint and paying her the maximum I can afford, she can't seem to get her head around the fact that we are no longer financially tied and she can't control my money anymore. At one point I was paying her £1.3k a month just in maintenance, far more than I should have been. We can't go through CMS as I live abroad, but I've used their calculator and have paid more than a fair amount to her. She's had thousands upon thousands from me and bleats to everyone how I don't provide.
The Cafcass officers plan was as follows-