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Arguing the Cafcass report

  • Emma8485
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07 Apr 12 #322156 by Emma8485
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Wow our post was interesting this morning. The position statement from my partners ex arrived today. Her solicitor really should be ashamed as all the font changes part way through, the numbers are all wrong and there is no double spacing! Anyway i digress....

Her position statement has centred on saying the schools lying about the care issues, theyre all sorted out now and werent that serious, and that Cafcass haven''t done a proper job on the safeguarding checks,she wants a police check against me and a property inspection of our house.

She has proposed an alternative to the contact that Cafcass have recommended, which is every third weekend but this shouldnt be any more than ten miles from where she lives. She has backed this up by saying shes just recently enrolled their daughter for dance classes on a Saturday morning and changing this pattern would disrupt her. Its a total contradiction of what she had said to his mum but we cant really prove that now....

She also states that she is asking for a residence order, as she thinks the Cafcass officer hasnt recommended one because she didnt like her.

We are baffled as to why a solicitors put their name to the statement bearing in mind the state of it, but also, bearing in mind all of the meetings at school, and the new CAF assesment thats pending, can she get away with saying that its all resolved?

Also is there a chance that the judge will agree with her and refute whats in the Cafcass report?

Too many questions going round in our heads, and we are nervous as heck now for the hearing.:(

  • WhiteRose
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07 Apr 12 #322162 by WhiteRose
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Hi Emma,

HUGS!!

I haven''t been in your situation, but can pass on what I''ve regularly gathered on my time on the site. Judges tend to go with CAFCASS recommendations.

Why does she want a Police check on you and an inspection of the house?

Take care and try to enjoy Easter - don''t let this sour things for you!

WR x

  • Emma8485
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07 Apr 12 #322165 by Emma8485
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She''s saying that they should have ran full checks on me, she doesnt know me, hasn''t ever met me and wants to re assure herself about me and that i am fit to care for her child, and suitable to be around her.

She wants to be re assured that we really do live in a big four bed house where she would have her own room as well.

The Cafcass report actually stated "safegurding checks carried out in relation to both Mr XX and Ms xx his fiancee remain outstanding"

Yet she still wants checks ran!

I am trying to enjoy Easter - was on a high from the hol until today!

x

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07 Apr 12 #322168 by WhiteRose
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:(I suppose once the checks have been run, she doesn''t have anything else to come at you with.

Think positive, honey!

There may be rain clouds overhead, but you get Choccie eggs tomorrow :laugh:

Hugs

WR x

  • MissTish1
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07 Apr 12 #322169 by MissTish1
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Emma, I wouldn''t get too worried about it. Hard facts are just that, hard facts. There will have been a basic safeguarding check done, and that''s good enough. She''s just fighting back with lies because she knows she''s being questioned over her care of your stepdaughter, and the truth hurts. She cannot argue with attendance records, or the CAFCASS report because they would have been very thorough.

My husbands ex has tried to say everyone is lying, that her ex boyfriend didn''t have a criminal record etc but it was all there, in black and white, so all she did was look foolish!

In all honesty, I would be feeling somewhat smug at the thought that if she stands up in court and says the school is lying, the CAFCASS report is wrong and that SHE only wants your OH to have contact every third weekend, then basically she''s not going to do herself any favours. All your OH will need to do is sit back and watch her dig the hole she will want to jump into!

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07 Apr 12 #322170 by WhiteRose
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MissTish1 wrote:

Emma, I wouldn''t get too worried about it. Hard facts are just that, hard facts. There will have been a basic safeguarding check done, and that''s good enough. She''s just fighting back with lies because she knows she''s being questioned over her care of your stepdaughter, and the truth hurts. She cannot argue with attendance records, or the CAFCASS report because they would have been very thorough.

My husbands ex has tried to say everyone is lying, that her ex boyfriend didn''t have a criminal record etc but it was all there, in black and white, so all she did was look foolish!

In all honesty, I would be feeling somewhat smug at the thought that if she stands up in court and says the school is lying, the CAFCASS report is wrong and that SHE only wants your OH to have contact every third weekend, then basically she''s not going to do herself any favours. All your OH will need to do is sit back and watch her dig the hole she will want to jump into!


^ This :)

  • Emma8485
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07 Apr 12 #322171 by Emma8485
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TY both xx

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