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From what I am reading, Cafcass won’t send the letter to parents when they think there is something there that can put at risk the child or the other parent….So I finally phoned them today. They said the letter was filed and sent to court. I asked for a copy and the contact centre person said they sent a letter to the case worker and only if she was fine she would send it, otherwise she won’t. Lawyer said that it happens sometimes. It sounds suspicious to me. Maybe I am wrong
The weird thing is that I still see her during weekends. I saw her last week and the week beforeOk just read back. Cafcass spoke to you first and the Mother second - they told you no welfare issues. Then they spoke to the Mother and now the safeguarding letter has gone straight to court (possibly). Sounds like your ex has made allegations against you possibly. What will probably happen next is a gatekeeping hearing (that's happening a lot these days) after the Cafcass letter - where Cafcass discuss with a Judge what directions to give next and you should get court papers with the outcome of that. It might say a fact find or section 7 is recommended and a hearing listed for FHDRA when the court decide which of Cafcass recommendations to follow (sometimes they are not recommendations - just things like "the court might want to consider a section 7 - and leave it up to the Judge or magistrates on the day).
The only positive thing if your ex has made allegations, is you're likely to get a proper Judge! Not a legal adviser or magistrates.
It's worrying with no information - and seems ridiculous you have a hearing coming up and no idea what the safeguarding letter says. When is the hearing again? Do a position statement for that, go along and see what happens - it'll probably be a section 7 report. That's not such a bad thing it just means things take longer. It's a face to face interview and an opportunity for Cafcass to see your home etc and you to have a more in depth chat.
I can't see how any allegations your ex has made can be taken that seriously when she's been allowing you to see your daughter so much 8am to 8pm. But - she stopped that recently and may have made allegations as an excuse for having stopped your daughter seeing you.
You'll need to be prepared to ask for interim time in a contact centre at the hearing, if ex has made allegations and they're doing a section 7 as they won't order her to start time up again till all safeguarding is complete.
The first hearing is on monday.The weird thing is that I still see her during weekends. I saw her last week and the week before
Thanks for taking the time to respond, it’s an oasis in a sand storm. I haven’t written the position statement yet. I suspect the lawyer will come with something tomorrow.I would not take too seriously the business about the Cafcass letter then - your ex has no leg to stand on in terms of allegations if she's still sending your daughter weekly. It's a bit confusing but it's very common for the letters not to get to you in time (or even to the court in time). It could be anything - and actually if they do suspect parental alienation they are not going to want to let parents see that or they could turn funny. Eg if your ex was alienating and Cafcass say they suspect that, then she might get quite maverick and it affect the child.
Did you do a position statement for the hearing? Sorry if i've asked before - it's been a long week.
I am going to court with a barrister since ex is doing the same. Solicitor also behind the scenes. I think the position statement will be conciseDidn't realise you were using a lawyer. Solicitors tend not to write position statements and just use their own verbal submissions. Barristers sometimes do position statements. It's helpful if no solicitor as allows you to update the position and say anything you want directly to the Judge by means of the PS in advance, so less to say/remember when you get there. Or in case you don't get much chance to speak. If you're being represented then solicitor will do it their own way probably.