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CAFCASS and court outcomes.

  • Angelheart1962
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20 Jan 10 #178193 by Angelheart1962
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Hi, I know everyone's experiences with CAFCASS are different but I am just wondering what the general concensus is.

I just got CAFCASS report saying their feeling is I should be allowed to relocate to the USA with my children to be with my new husband. This was partly based on the fact my 2 sons (12 and 8) said they wanted to give the move a try. Obviously it is still up to the judge at the Final Hearing at the end of March, but in cases like this does anyone know if the court usually go with the CAFCASS recommendation?

Any thoughts/comments much appreciated.

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20 Jan 10 #178194 by D L
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The court do pretty much go with the recommendations yes, unless either dad decides to have the officer cross examined, during which the officer for whatever reason changes his/her opinion, or something comes up in evidence which causes the officer to rethink. Very rare though.

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20 Jan 10 #178198 by Angelheart1962
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Many thanks DL. The officer seems to have been quite thorough, so I am hoping her report will be watertight. I think she saw quite clearly dads level of commitment to children, which isnt a whole lot, so I am keeping my fingers crossed.

Also dad is self repping as he spent a pension lump sum of over 30K in the summer so I couldnt get any, and now he cant get legal aid, so I have a barrister and he doesnt, which I cant help but feel can only help me!

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20 Jan 10 #178199 by D L
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To be honest, most of these cases settle after the report - shame he is not represented as in this scenario that would have helped.

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20 Jan 10 #178201 by Angelheart1962
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Well maybe he will rethink, but I doubt it as his mission is to make me spend as much as poss on legal fees and slow me down!

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20 Jan 10 #178215 by Forseti
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Most leave to remove applications are allowed. Whether that is a good thing or not is another matter; up to 50% of children lose all contact with the left-behind parent within 2 years.

I sincerely hope you will ensure that there is a good schedule of contact in place for your sons before you go.

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20 Jan 10 #178216 by Angelheart1962
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I also heard that statistic Forseti, and am aware of the fact that a lot of people on here may be unhappy with relocation etc.

However, I have NO intention of stopping the boys seeing their dad. Even though he and I dont get on any more, he is and always will be their father, and I have never, and would never stop contact. I have already told him the boys would get 3 months off school in the summer in the US, and he can have them visit for the whole of that time if he wishes. Also every other Christmas, half terms etc. He is also welcome to come and visit us whenever he wants. I also plan to get both boys computers, webcams and mobile phones so they can see and talk to him when they wish. To be honest, he is happy with taking them to McDonalds once a week now, and he lives round the corner. He has never had them overnight, and the thought of having them to stay for 3 months in the summer would probably kill him LOL!

In short, taking them away from him to frustrate contact is not a reason at all. I have remarried and my husband is American with a good job, so the most sensible option is to move. But like I say, my ex is their dad, and I respect that absolutely.

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