- Posts: 18
A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce
There are lots of things called "CAFCASS Reports". I am assuming that this is a Section 7 report that was produced during the course of a residence dispute.
These reports contain lots of bits and pieces. Some bits simply document what you and your ex told the CAFCASS officers. Just because they wrote down what you both said, there is no presumption that you both told the truth. Other bits document the CAFCASS officers' interaction with your child(ren). Finally, some bits document the CAFCASS officers' conclusions and the reasoning behind those conclusions.
The only bits you can complain about are errors of fact and errors of law where the CAFCASS officer has asserted a certain point of law to underline their conclusion, but the point of law concerned is wrong.
CAFCASS makes lots of errors of this sort so there would be no surprise if you had an issue with an error of fact or a doubtful grasp of the law. What you can't complain about is CAFCASS faithfully documenting something stupid or false that your ex [or the children!] chose to share with them.
If you feel that there are errors of fact or law, the place to raise these is in the subsenquent Directions hearing (or final hearing as appropriate). Your solicitor will handle this for you. By and large, there is absolutely no point in complaining to CAFCASS directly.
Here are the things you can object to:
1) Errors of Fact made by CAFCASS. For example, if CAFCASS get the gender or age of your child wrong and then use their mistake to justify a conclusion.
2) Conclusions base d on inadequate facts or misunderstandings. For example, if a conclusion is drawn out of nowhere, with no supporting facts, or facts that support a different conclusion. The error of Fact might be a misunderstanding of the law. I once saw a CAFCASS report that said "because the two parents do not have a good working relationship, a Shared Residence Order would not be possible". This conclusion is base d on an incorrect understanding of the law (and was actually rejected by the judge).
3) Factual or logical inconsistencies in the report.
What you cannot object to is your ex [or the children] saying things to CAFCASS which you believe are not true. CAFCASS are merely noting, factually, what has been said.
The court will draw upon the CAFCASS report in its entirety to reach a conclusion. Your ex can and will be cross-examined on the CAFCASS report and if the things he has said are important, and it can be shown that he has lied, then his case will suffer.
We provide the UK's lowest cost no-fault divorce service, managed by a well respected firm of solicitors.
Online mediation is a convenient and inexpensive way to agree on a fair financial settlement.
This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.
Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.