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cafcass hearing on Tuesday!

  • ssoria
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10 Mar 10 #191307 by ssoria
Topic started by ssoria
q1. I am very concerned about the next hearing which the children will meet CAFCASS. 16 yrs old girl and 12 yr son. Daughter adamant on 50-50 and son has been completely turned against me x has tried his level best with the help of his sisters to allienate me from him.. just dont know what to expect please help.. will CAFCASS hear my story?? do they have all the case history? or do they just ask kids and make decision???
x2b keeps mentioning jewellery that was exchanged during our wedding. Since we belong to asian family as a culture ussually alot of gold is exchanged as gifts.
can we give then two options.

1. He keeps the gold he gave me as gift and I am returned the ones I gave him as gift (including gifts given to his sisters,mother and aunts)
2. everything is put in pot and divided into two?
I have already returned him the wedding and engagement rings and some bracelets.
Most of his rings etc are in the bank under joint names. He denies having a key and I have mine but will not be allowed to access the locker as I forgot the password

  • TBagpuss
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11 Mar 10 #191363 by TBagpuss
Reply from TBagpuss
It is very unusual to make orders in relation to childnre of 16 or older, so it is likely that no order will be made regarding your daughter. At 16 she is effectivly able to 'vote with her feet' as to where she wants to be.

So far as your son is concerned, at 12 he is of the the kind of age where his wishes and feelings are likely to be a very significant part of the decision making process so if he is saying clearly that he wants to live with his dad then unless there are very good reasons that he shouldn't, it is likely that a Cafcass report may recommend that he does so.

If this has been set up as an 'iterviewing childnre' hearing thaen Cafcass will speak to the childnre wand then report back to you, your husband and the coutr what they have said. Neither of you are bound to agree with their recommendations but the court will attach a good deal of weight to them.

So far as the jewellary is concerned, you would not normally be able to claim back gifts which were given to 3rd parties such as his mother & sisters, only things which belong to you or him.

Regarding the bank, it seems that if you have a key but no password, and he has a password but no key, you need to go together and (in the first instance) simply inventory what there is so you both know what is there.

You may also wish to speak to the bank to make it clear that nothing is to be removed unless you are both present - you oy have his word for it that he has no key, after all.

You can also ask them what would be needed in order to re-set the password.

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