More Cafcass Questions

[Raydad]

Hi All,

I was wondering if anyone could please advise. I have been through many if the Cafcass threads already but still have concern if how to respond in my upcoming interview.

I have asked my solicitors advice on this and she says to tell them all my concerns. Stating that anything that is not brought up now can’t be used in court later. Which seems totally contradictory to what the other general advice is.

I am under the firm belief that she will start mud slinging over 2 supposed incidents.

If she brings up supposed abuse claims I reckon I can work round that and deflect it.

There is an incident whereby my Ex accosted my mother in the street and took our child without consent which may also come up from her perspective as well as to the reasons why. Again I think deflect this.

My main concern however is that my days have been reduced to 2 nights a fortnight from 5 since the C100 application was submitted. This is due to her demanding money and saying I can’t have our daughter unless i’m paying child care ontop of CMS.
How do I even broach this by stating I have been reduced to 2 nights due to arguments over money? Cafcass obviously need to know the position has changed. I don’t want it to come across about money conflicts.

Any advice on any of the above would be most appreciated.

Thanks again in advance!

 

[Jayy_]

Fairly new to this but others can chime in.

Did mother say you can’t have daughter more unless you pay more in writing? if so you have evidence to prove it was said.

If not could you possibly get it in writing? if she’s still responsive then perhaps bring it up again and see if she mentions it.

Highlighting timeline is important so you can mention that you submitted a C100 on for example, 7th January then on 2nd March mother stated you can’t see child as you do not pay child care which is outside of CMS.

Considering you’re paying the legal amount via CMS this is completely wrong. Have you highlighted this to her?

In regard to the incident with mother, you could mention it as it directly affects child. Usually (not always the case) they call mother first, so if she mentions it and CAFASS see it as relevant they’ll bring it up with you. However, she’s likely to deny and I would assume you have no proof of this? There’s where some people may say it might be pointless to mention it as the court can’t determine who’s telling the truth so will likely be thrown out at some point.

Abuse seems to be the norm, it’s a way to get legal aid. Has she ever called the police on you?

I think the general consensus is to not mention allegations that aren’t evidence based as it would end up turning into he said vs she said. You want to avoid fact finding as it would make the whole case much longer especially over things that by the end will not matter.

 

[Raydad]

Hi Jayy,

Did mother say you can’t have daughter more unless you pay more in writing? if so you have evidence to prove it was said.

Yes in writing.

Highlighting timeline is important so you can mention that you submitted a C100 on for example, 7th January then on 2nd March mother stated you can’t see child as you do not pay child care which is outside of CMS.

Considering you’re paying the legal amount via CMS this is completely wrong. Have you highlighted this to her?

Yes tried highlighting this but to no avail. She seems convinced she’s doing the right thing.

In regard to the incident with mother, you could mention it as it directly affects child. Usually (not always the case) they call mother first, so if she mentions it and CAFASS see it as relevant they’ll bring it up with you. However, she’s likely to deny and I would assume you have no proof of this? There’s where some people may say it might be pointless to mention it as the court can’t determine who’s telling the truth so will likely be thrown out at some point.

Only proof I have is my family phoned the police at the time and have witness to earlier incident.

Abuse seems to be the norm, it’s a way to get legal aid. Has she ever called the police on you?

No never. I phoned police once to ensure she was ok after argument also to report claim of child abuse.

 

[Jayy_]

Hi Jayy,

Yes in writing.

Yes tried highlighting this but to no avail. She seems convinced she’s doing the right thing.

Only proof I have is my family phoned the police at the time and have witness to earlier incident.

No never. I phoned police once to ensure she was ok after argument also to report claim of child abuse.

Definitely should mention time has been reduced due to mother requesting finances outside of CMS that you already pay. Present it in a timeline of events and also quote specifically what she said. If you were having 5 nights before, as you were seeing your daughter it should be reinstated eventually.

Unfortunately until the order is complete you may not get the 5 nights back straight away.

A benefit you have is that you still are seeing your daughter so where abuse is concerned, the mother obviously has no safeguarding issue if you are still seeing your daughter so this should be beneficial.

You can mention the incident with your mother or wait and see if she mentions it then you can provide the police report if needed. Unfortunately I highly doubt it would hold any baring towards the mother, they get away with things all the time which is why some would advise no point bringing it up unless she does.

As you have called the police and raised child abuse you should bring this up as you directly reported it and CAFASS will do police checks so likely is on your record. They will ask you about it anyway to be honest.

Hope that helps