A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info

Court but no CAFCASS report

  • AnnoyedMummy
  • AnnoyedMummy's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
01 May 10 #201690 by AnnoyedMummy
Topic started by AnnoyedMummy
I was in court back in January, and it was decided that CAFCASS should do a report, and that we would come back once it had been done to discuss it.
The next court session in in 3 weeks, but we still haven't been allocated anyone from CAFCASS let alone had a report done!
My solicitor said it's possible that the court case could be postponed untill the report has been done, but how long is that likely to be?
I don't know whether to ring then or e-mail them and see what's going on? Would they be able to tell me?
Every so often I get a letter to say they have a backlog of cases. The last letter they sent said they would assess the case to see if they actually needed to do a report or not, and if they could pass it over to a mediator and social worker instead. That was weeks ago though.
Is it likely the court day will be postponed? Or does it have to stay the same?

  • Fiona
  • Fiona's Avatar
  • Platinum Member
  • Platinum Member
More
01 May 10 #201692 by Fiona
Reply from Fiona
By all means check but in some areas CAFCASS have had backlogs of 9 months. I would assume the hearing will go ahead and the judge will decide how to progress from there.

  • dizzybee
  • dizzybee's Avatar
  • Elite Member
  • Elite Member
More
01 May 10 #201693 by dizzybee
Reply from dizzybee
Hello Annoyed Mummy In my experience a judge will need a CAFCASS report to enable them to make further decisions. I would contact CAFCASS find out who has been assigned to your case. I had the cafcass officers mobile number and had a lot of contact with him. It sounds like your in disputed contact/residency be aware how important this report is a lot of judges simply 'rubberstamp' the officers recommendations! So be prepared good luck:)

  • Notgiving up
  • Notgiving up's Avatar
  • Elite Member
  • Elite Member
More
01 May 10 #201704 by Notgiving up
Reply from Notgiving up
Hi i've been waiting since sept last year for my report. I tried mediation last nov and she refused, she eventually agreed to mediation the week before the next court case, think to delay even more, CAFCASS have saisd they wont do a report untill after the mediation, had to delay court by min 4 weeks, not hoping but will try mediation to see what happens. Know she will not move from her current stance, but we have to give every thing a go.

Its a long slow process i'm affraid.

  • AnnoyedMummy
  • AnnoyedMummy's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
01 May 10 #201706 by AnnoyedMummy
Reply from AnnoyedMummy
My ex won't agree to do any more mediation as he said I was being "unreasonable". He's ended up worse off though, as before, he was seeing her every week, and bringing any member of his family with him.
Since going to court, the solicitors and the judge decided he should only see her every other week, and he can only bring his mum or dad now.
Dizzybee, we haven't been assigned any one yet as far as i'm aware! We are still waiting for that too!
Fiona, I really hope it doesn't take 9 months! I can't take 9 more months of court! I wan't it all sorted and in a regular rountine!
I am really worried about the report, as if the judge does just rubber stamp it, and it's bad, it could be bad!
The judges last time were reluctant to give any contact because CAFCASS needed to be involved. I hope contact isn't stopped this time while we wait for CAFCASS, as I think it would affect my daughter quite a bit. She would be too confused if they stopped contact and started it again however many months down the line!

  • Notgiving up
  • Notgiving up's Avatar
  • Elite Member
  • Elite Member
More
01 May 10 #201711 by Notgiving up
Reply from Notgiving up
Why the judge and the solicitor decide he cant see her, dont understand this, surely the amount of contact is as the PWC says, if you want him to have contact, then give him contact.

  • Fiona
  • Fiona's Avatar
  • Platinum Member
  • Platinum Member
More
01 May 10 #201712 by Fiona
Reply from Fiona
I think it's unlikely that the existing contact arrangement will be stopped at this stage. If CAFCASS cannot do the report within a reasonable time the judge may decide to appoint a social worker.

Judges don't just rubber stamp CAFCASS reports. They will go with the recommendations, but not when there is cause shown not to. CAFCASS reports can be challenged in court on errors of fact and law.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

The modern, convenient and affordable way to divorce.

No-Fault Divorce £179

We provide the UK's lowest cost no-fault divorce service, managed by a well respected firm of solicitors. 


Online Mediation £250

Online mediation is a convenient and inexpensive way to agree on a fair financial settlement.


Consent Orders from £359

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.


Court Support £250

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.