Hello All,
My partner is taking his ex to court now for the third time for increased access to his daughter. At present he has his daughter for two nights every other weekend, 7 days in the summer holiday and shared time on Christmas Day. He has this arrangement after going to court in 2020 and the judge agreeing to it. My partner now wants to increase the time so he has his daughter for a week at Easter, an additional week at summer so we can go on a two week holiday and to collect his daughter from school once a week and have her for a few hours.
To cut a long story short, this time his ex has claimed there was domestic violence in their relationship which ended in 2016, even though she never mentioned this as a safeguarding issue when she spoke to Cafcass when he took her to court for access in 2017 and 2020. She is also claiming their daughter doesn’t want to spend time with him and that at 7 years old we should listen to her needs and wants. Due to this Cafcass suggested a Section 7 report was recommended by them for fact finding and to do a Wishes and Needs report with their daughter.
Cafcass report has come back today and his daughter has told them she doesn’t want to spend anytime with her dad anymore, which is different to what she tells her dad when she is in his presence. She has also painted a picture of her dad to be very angry and shouting all the time and also to her mum, which isn’t true. All interactions with his ex are via WhatsApp only therefore we are unsure how his daughter could have stated she witnessed her dad behaving in this way to her mother, also if all communication is via WhatsApp only for her to make claims like this, she is clearly told these things by her mother. It is clear she has been encouraged by her mother to say these things and my partner had suggested that parental alienation was evident but Cafcass have disregarded that.
His ex claimed incidents of domestic violence in 2013 and 2016, even though she has no evidence to support it and if this were the case why didn’t she bring this up in safeguarding conversations with Cafcass in 2017 and 2020. Even though his ex has no evidence to support these claims and he has continued to see his daughter consistently plus be actively involved with attending parents evening, sports day etc for his daughter, if he was that bad a father wouldn’t see have stopped him any contact at all over the past seven years? Anyway, due to her false claims, Cafcass has suggested that access to his daughter is reduced to indirect contact only via letter because according to them he is violent and his daughter doesn’t want to see him.
It was very shocking to see these recommendations and the comments made by his daughter because this is the total opposite of how she is when she is in our care. When she is with us she is very affectionate and loving towards him and he is a very hands on parent so always taking her and my step daughter to the park, soft play, playing games with them etc. We believe she is caught in the middle of both parents. My partner and I have also just had a baby so I do not believe she is aware at 7 years old of the impact of her words because if she has said she doesn’t want to see her dad, how can she expect to see her baby brother who she told Cafcass she loves? And again, her words are so different to her actions when in our care.
We have the final hearing soon but will the judge choose to proceed with the recommendations of Cafcass even though they are suggesting something so dramatic, especially considering how actively involved he is currently involved in his daughter’s life? Would the judge question why she has raised claims of domestic violence now but not previously. Also all the negative things his ex has claimed are lies and has no evidence to support it, it is surprising Cafcass have believed it even though there is no evidence to back her claims. Would the judge also take into consideration that his ex is always finding excuses for him to not see his daughter, hence the reason why they end up in court.
Any advice would be appreciated as my partner is feeling very deflated after seeing the report, it would be good to hear the outcome of people’s experience with a flawed Section 7 report.
My partner is taking his ex to court now for the third time for increased access to his daughter. At present he has his daughter for two nights every other weekend, 7 days in the summer holiday and shared time on Christmas Day. He has this arrangement after going to court in 2020 and the judge agreeing to it. My partner now wants to increase the time so he has his daughter for a week at Easter, an additional week at summer so we can go on a two week holiday and to collect his daughter from school once a week and have her for a few hours.
To cut a long story short, this time his ex has claimed there was domestic violence in their relationship which ended in 2016, even though she never mentioned this as a safeguarding issue when she spoke to Cafcass when he took her to court for access in 2017 and 2020. She is also claiming their daughter doesn’t want to spend time with him and that at 7 years old we should listen to her needs and wants. Due to this Cafcass suggested a Section 7 report was recommended by them for fact finding and to do a Wishes and Needs report with their daughter.
Cafcass report has come back today and his daughter has told them she doesn’t want to spend anytime with her dad anymore, which is different to what she tells her dad when she is in his presence. She has also painted a picture of her dad to be very angry and shouting all the time and also to her mum, which isn’t true. All interactions with his ex are via WhatsApp only therefore we are unsure how his daughter could have stated she witnessed her dad behaving in this way to her mother, also if all communication is via WhatsApp only for her to make claims like this, she is clearly told these things by her mother. It is clear she has been encouraged by her mother to say these things and my partner had suggested that parental alienation was evident but Cafcass have disregarded that.
His ex claimed incidents of domestic violence in 2013 and 2016, even though she has no evidence to support it and if this were the case why didn’t she bring this up in safeguarding conversations with Cafcass in 2017 and 2020. Even though his ex has no evidence to support these claims and he has continued to see his daughter consistently plus be actively involved with attending parents evening, sports day etc for his daughter, if he was that bad a father wouldn’t see have stopped him any contact at all over the past seven years? Anyway, due to her false claims, Cafcass has suggested that access to his daughter is reduced to indirect contact only via letter because according to them he is violent and his daughter doesn’t want to see him.
It was very shocking to see these recommendations and the comments made by his daughter because this is the total opposite of how she is when she is in our care. When she is with us she is very affectionate and loving towards him and he is a very hands on parent so always taking her and my step daughter to the park, soft play, playing games with them etc. We believe she is caught in the middle of both parents. My partner and I have also just had a baby so I do not believe she is aware at 7 years old of the impact of her words because if she has said she doesn’t want to see her dad, how can she expect to see her baby brother who she told Cafcass she loves? And again, her words are so different to her actions when in our care.
We have the final hearing soon but will the judge choose to proceed with the recommendations of Cafcass even though they are suggesting something so dramatic, especially considering how actively involved he is currently involved in his daughter’s life? Would the judge question why she has raised claims of domestic violence now but not previously. Also all the negative things his ex has claimed are lies and has no evidence to support it, it is surprising Cafcass have believed it even though there is no evidence to back her claims. Would the judge also take into consideration that his ex is always finding excuses for him to not see his daughter, hence the reason why they end up in court.
Any advice would be appreciated as my partner is feeling very deflated after seeing the report, it would be good to hear the outcome of people’s experience with a flawed Section 7 report.