In receipt of Wishes/Feelings report, what now?

I am in receipt of an Independent Social Workers report. What now?

In Aug 2009 my son (who is 14yrs old and been living with me since Aug 2008) wrote a letter to the Judge and family saying he wanted his mum and dad to get help. He also indicated that he did not want any further contact with his mother. He was fed up with the conflict between the parents (me and my ex). The court hearing appointed an Independent Social worker to assess the situation. I received that report on the 9th April

It's main premise is that I've denied my son contact with his mum. It is known that my son told all the paternal family (and my partner) that he did not want contact (up until 14th March). He's never mentioned to me directly that he's wanted to resume contact. Now, he's told the social worker that he does want contact (though I suspect under duress as he said it very quietly in front of the Social Worker and me. The Social Worker 'pretended' to be shocked as she got him to repeat it again. The Social Worker then asked me what I was going to do about that. She wanted an answer there and then, but it was a shock to me that he said that in the first place!).

I did not knowingly stop my son from having contact with his mum nor was I aware that he wanted contact with his mum. On first reading, the report appears quite damning against me. There are areas that I disagree with and there are issues that have been omitted. I've been advised to accept the report and try to accept the recommendations. The report does not clearly indicate why he left is mother in the first instance. Further, the recommendations does not indicate that my son wishes to return to live with his mother.

I have a Directions hearing on the 28th April for half a day. I'm not sure what the proceedings would be and what would happen in either the a) the report being accepted or b) that I disagreed of areas with the report

Additional Info
I was granted Residency on the 3rd Dec 2008.

My son has a younger brother who lives with is mother. She has a Residency Order with him. The brothers live 35 miles apart.


Help with this would be so appreciated.

Many thanks
Jools69

Hi Jo

Am no expert but wanted to offer a couple of observations.

I don't know your circumstances but if you became a resident parent I would imagine there was some sad history which led to that and your son is clearly lucky that you took over his care and all credit to you.

It seems to me a fundamental truth that a child needs a relationship with both parents. Your son has now indicated that he wants contact with his mum. I appreciate that the report has labbled you in a negative way and quite understandably you feel agrieved. But in all honesty, what does it matter? In the here and now your son wants contact with his mum and as the resident parent promoting that welfare need overides any sense of injustice you may feel towards the CAFCASS officer. Why not see this as an opportunity rather than a potential problem?

In respect to residence, my guess would be promoting contact would entrench your position rather than the reverse.

Hi

I was granted Residency on the 3rd Dec 2008.

My son has a younger brother who lives with is mother. She has a Residency Order with him. The brothers live 35 miles apart.

Many thanks for your comments.

Jools69

Hi Jools,
I'm not really sure what you need help with here,
A wishes and feelings report is exactly what it says on the box.
It looks as you really didn't know your sons mind as much as you thought you did and although he may have been telling you he didn't want to see his mum it seems obvious now that he does actually, and that's a good thing as far as I can see.
Maybe he was just trying to placate you all along.
The case as far as I can see is a simple one now, his wishes will in the most part be adhered to.
All that's left is to hammer out the details of the imminent contact, dates, collection, drop off etc:

I think you need to resign yourself to that fact that contact is going ahead, accept the reccommendations of the report and look to the future.
In a couple of years time he will be able to make his mind up where he wants to live and if pushed he may choose to move in with his mum and brother.
Cause stress now and you could lose him altogether.
Best of luck.

Hi Jools,

Can I ask how comes an Independent Social Worker was commissioned for the report instead of CAFCASS? Thanks .

When CAFCASS have a backlog an ISW may be appointed by the court at a cost to get the report done more quickly.

It isn't at all uncommon for children to seemingly align with a parent and feel that expressing a desire to see the other parent as being disloyal. However, most children of separated parents will tell impartial professionals that they love their parents and want a relationship with both.

Welfare reports contain different bits and pieces. Some bits simply document what you and your ex told the reporter. Just because they wrote down what was said, there is no presumption that the truth was told. Other bits document the interviews with children. Finally, some bits document the conclusions and the reasoning behind those conclusions.

You can't complain about the documentation of something said, you can only complain about errors of fact and errors of law where a certain point of law was asserted to underline their conclusion, but the point of law concerned is wrong.

There is nothing to indicate this applies here but the place to raise errors of fact or law is in subsequent hearings.

What Fiona has mentioned is correct. My ex has got legal aid, my son has got a solicitor both paid by the state. Through that the Independent Social Worker is now in receipt of a certificate that entitles her to work on this case. Unfortunately I am not entitled to such funding and so have had to defend myself. Hence seeking advice on this forum.

I still ask the question of what would happen if I contest the report?

Yes, there are facts that are incorrect. However, many of the sections contain the Social Workers opinion and that opinion is based those inaccuracies. These over shadow any truth that is there within the report.