cafcass

Hi just want a bit of advice realy on CAFCASS who havent helped me one bit not believed a word that I said and I no someone else who is going through a similar sort of a thing not helped them I have never been a person to complain about a thing but for once in my life I felt like I was guilty of a crime yet I never did anything wrong I will do everything I can to keep my children safe what ever they say they have never met my children they were to busy to do there job properly in the first place im back at court again my solicitor said that they will be there for the final hearing a we csn ask them why they didnt get in touch with the people they were supposed to when they said they would be just brushed it under carpet
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Your solicitor is correct. The best place to challenge a CAFCASS report is in court. However, as I said in one of your earlier threads, don''t underestimate the importance courts attach to contact.

Based on research child psychiatrists and psychologists will often tell courts that it is in the interests of children to know and see both parents even if that parent''s behaviour leaves something to be desired by most peoples standards. That means a parent taking drugs, alcohol abuse and DV aren''t necessarily bars to contact.

When there is independent professional evidence (schools, social services, health workers) that children are at risk of harm because a parent takes drugs etc the first consideration is what measures can be put in place to ensure contact is safe. Any harm children may suffer because of the parent''s behaviour is balanced against the harm they suffer when a natural parent is cut out of their life.

For example a parent might use recreational drugs or binge drink at weekends , but unless that affects their ability to care for a child during contact times it is unlikely to justify no contact. In one case an alcoholic mother was the parent with the majority of care and she binged at the weekends to the extent she couldn''t shop for food, care for the children or get them to school on a Monday morning. The measures put in place to ensure her parenting was good enough was she agreed to shop before the weekend, the children had contact with their father over the weekend and someone else took the children to school. That way the children could maintain their attachment to their mother.

If you are opposing any contact whatsoever the court could perceive you are hostile to contact. Sometimes it is better to argue for measures to be put in place to ensure contact is safe rather than oppose it altogether.

Hi fiona thank you for your advice that you have gave me I think I have a real fight on my hands that day I left they said I was a victim of domestic abuse and he put are life in danger I didnt have any other choice but to keep my children safe that day he knows what he did and all the trust has gone I will never trust him it will never go away its in my head like a pain that never goes away he can send me an apology if he ever wants too but I dont think he will hes to selfish for that.

I understand how you must feel. Was there just one incident or was there a pattern of abuse, has there been a finding of fact hearing and who are "they?" It makes a difference if it was an independent professional working with children rather than a friend, family, or someone treating or supporting you. When domestic abuse is raised as an issue the court considers the evidence and whether the risk of harm to the child is likely to be relevant to any decision of the court. If it is then a finding of fact hearing is held before any decision is made.

Has the school any concerns about your daughter or noticed any signs of anxiety?

CAFCASS does seem to be something of a law unto itself Miss Shy. In our experience the case officer was preparing to fabricate evidence to support her preconceived view, until a member of the school staff who had been present at the interview intervened to say what she claimed the school had told her simply was not true. Considerable embarrassment was avoided when the report was changed before it went to the court, and the contrite case officer changed her view to strongly support shared parenting.
This does not help you a great deal, apart from offering you some solace that it happens elsewhere. Fiona is absolutely correct in that the best place to challenge the CAFCASS view is in court.
Good luck,
A

Hi fiona I have got a solicitor this time its costing me loads but it will be better than representing myself but they say its going to be an up hill struggle I know that they dont be anything I say even in court when I went last time he told loads of lies about me a they believed him are daughter is going to have help to get through it school said the officer rang but offered her a different day to come to school but she couldnt fit it in she was to busy to come another time.I have always told the truth but were has it got me I wish it would just end it gets you down so much stress to deal with just keep a brave face on it ive got some good friends to talk to I dont know what I would do without them a my family

Hi fiona I have got a solicitor this time its costing me loads but it will be better than representing myself but they say its going to be an up hill struggle I know that they dont be anything I say even in court when I went last time he told loads of lies about me a they believed him are daughter is going to have help to get through it school said the officer rang but offered her a different day to come to school but she couldnt fit it in she was to busy to come another time.I have always told the truth but were has it got me I wish it would just end it gets you down so much stress to deal with just keep a brave face on it ive got some good friends to talk to I dont know what I would do without them a my family