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  • GETTING STRONGER NOW
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15 Oct 12 #361105 by GETTING STRONGER NOW
Topic started by GETTING STRONGER NOW
Afternoon all,

I have just had a phone call from CAFCASS prior to my court hearing on friday. My stbx wants a contact order for the children they do not wish to see him I am not standing in the way as I would like the relationship to continue.
I was quite upset initially by the callers attitude she seemed to imply that I was guilty of doing what my ex is alleging only after a few minutes did she explain that she has not received my response to the allegations he had made, so what should have taken 15 mins actually took 1 hr 15 mins.
I asked that as I am not standing in the way of this contact that it would be best if she spoke to my children (aged 12 and 14) her immediate response was "we do not want to talk to the children". As i see it at present it is a case of he says v i say. I was not looking forward to court but at least i thought the kids feelings would be taken into consideration I am now doubting this..
Does anyone have any first hand experience or advice on what I should expect? :-(

  • stepper
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15 Oct 12 #361106 by stepper
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Perhaps they do not want to talk to the children because they are waiting for the Judge at the Hearing to direct them or not direct them as the case may be.

CAFCASS may need to talk to the children at a later stage.

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15 Oct 12 #361117 by ozzywiz
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Yeah I agree, you have had a phone interview so they got an insight of your applications. but it is not for them to get involved untill the judge orders a report to be done and what type of report. they need to get paid for the work they do and wont get nothing if the judge dont order it.

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15 Oct 12 #361126 by GETTING STRONGER NOW
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Thanks Guys. I just think that as its my kids saying they do not want to see their not and not me I saying I don''t want them to they should give their opinion.
I was made to feel like I had to give justification for the kids feelings in which case I would agree with their thinking.

Why can''t any of this just be straight forward!

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15 Oct 12 #361139 by disneybunny
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Ex put in for access in march so far all we hae had is the one carcass phone call. One very bad judge gave ex access without ever asking any oftechildes opinions, eldest gave his anyway by turning up at court. Thesysenneedsan overhaul or at least a set process that has to be followed. Kids should have rights.

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15 Oct 12 #361140 by rubytuesday
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IS this a Schedule 2 report?

If so, then Cafcass would NOT talk to the children for the purposes of this report, but it would cover interviews with the local authority, police and both the parties, and record and outline safety issues for the Court to consider, and report to the Court on the outcome of risk identification.

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15 Oct 12 #361182 by GETTING STRONGER NOW
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Its the first court hearing. According to the woman I spoke to she has contacted the police, schools and social services (not that they are involved)however she was unaware that my son is under CAMH''s or that they had been to mediation. She only had my stbx allegations but not my response!! although I have now emailed the necessary documents. It just threw me a little because according to the Children s Act 1989 the ascertainable wishes and feelings of the child (considered in the
light of his age and understanding);should be taken into consideration and my solicitor (who advised me as i was not preventing contact, it would be much cheaper to represent myself as I had nothing to hide)also said that because the children are 12 and 14 it was likely that CAFCASS would want to interview them. But today she said they avoid it if at all possible. Believe me I do not want to put my kids through this but my stbx is accusing me of emotionally abusing them because they refuse to see him... it doesn''t matter that I have gone out of my way to encourage contact..
I guess i will just have to wait and see what happens at court.

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