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Preparing for CAFCASS and court

  • Jenna29
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03 Aug 11 #281215 by Jenna29
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I received my letters from the court and CAFCASS today. Does anyone know what questions CAFCASS generally ask during the first telephone call? Do you get to list specific instances which highlight concerns, or do you just give a general overview of your concerns? Also, at the court hearing - what happens there? It says it will try and see if we agree; what we will be asked? Should I disagree with contact until the welfare concerns are investigated and resolved? My solicitor has moved to a different office and I have been assigned a new one who doesn't have any appointments available before the court hearing :(

  • mumtoboys
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04 Aug 11 #281250 by mumtoboys
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It is a couple of years since I went through this and things may have changed but this is how it worked for me.

Went to court - issues outlined by both parties very briefly in front of a judge and a CAFCASS officer then each of us had a separate audience with the CAFCASS officer which in my ex's case took half an hour and with me about 10 minutes. I believe that sometimes this meeting is done with both parents but I think in our situation, it was recognised that any agreement at that stage was beyond hope. CAFCASS officer talks with judge and then we were called back in - judge made interim order for contact/residence and ordered a report based on the concerns I had raised.

Report was supposed to take 16 weeks - ordered 1st April and finally received on 14th January the next year! In meantime, we were in court a couple of times for CAFCASS to explain themselves. Once the report was received, the ex agreed to a Consent Order without it going to a final hearing.

I had three interviews with CAFCASs - the first officer essentially abandonned the case (was sacked), so really it was two. I had no telephone contact with them. Paperwork was sent out following the first court hearing asking for details of doctors, health visitors, schools etc. and for permission to contact them. They were all contacted and produced written reports - not all of these were attached to the final CAFCASS report I assume because they said nothing at all of any consequence either in my favour or the ex's. Interviews took about an hour and was quite general. I had taken extensive notes with me about what I wanted to cover so I didn't forget anything. It is worth saying that the second Officer refused to look at any of my back-up info - emails, phone conversation transcripts etc. saying it was procedure that she only looked at what was put before the court. The first officer went through everything - I have no idea who was right/wrong but it was very disappointing with the second one! If I were going to do it again, I would take a list of specific questions/queries and read them from the paper so I know they've been asked - one of the issues for me was the girlfriend hitting our children which, if the report is anything to go by, was entirely overlooked (I suspect I am about to end up back in court over this issue some 2 years later).

Our children were seen in both homes and the eldest was spoken to in school -by which point he obviously had seen the woman a couple of times so was familiar with her.

It was pretty painless, really. I was listened to but I'm not sure I was ever really heard and the recommended outcome was the standard one - residence with mum, dad to have every other weekend, one day during the week and half of all holidays (he had wanted 50/50). Of course, as soon as the ex had his piece of paper, he did just what he wanted! but that's another story!

  • Harrison31
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04 Aug 11 #281272 by Harrison31
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At least you had an interview. My ex left me in June last year, and I went to Court for contact within 2 weeks (before the end of June). CAFCASS had already spoken to my ex prior to the hearing, and refused to speak to me or listen to my concerns. At the next hearing in Sept - the Judge raised serious concern's about my ex's conduct - said that CAFCASS should interview me that day (they said they had no time) and the Judge ordered them to read a statement I had made to the court, which included photographic evidence of violence and police statements. It it now August 2011, and I never heard from or spoke to CAFCASS nearly a year later. With regards to contact - of course with such over whelming evidence my ex was keen to exit the 'legal process' and contact was restored via solicitors and consent orders, rather than attending court. The trick seems to be whatever parent leaves with the children will win...As the non resident parent will have to jump thur hoops and CAFCASS are.. well I didn't even hear from them....And to be honest I am please - as I don't think they really want to rock the boat for the resident parent even when confronted with blatant evidence...Thank god I had a decent and fair Judge...

  • Jenna29
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07 Aug 11 #281752 by Jenna29
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Thank you for your replies, mumtoboys particularly - that was very helpful. The letter I received says they'll call me to listen to my concerns and speak to my ex too, then the court letter says the hearing will take 15 mins. I'm nervous but glad the ball is finally rolling to get this sorted for our daughter.

  • peppa pig
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08 Aug 11 #281777 by peppa pig
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I had dealings with CAFCASS a few months back, i had a telephone interview and they never managed to get hold of my ex despite sending him letters. Once we got to court i found our allocated man a big help and i couldnt praise him enough to be honest. x

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