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Biased Section 7 report in favour of mother and portrayed father and step family in terrible light - advice desperately needed

Florida6

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We are in the middle of the court process with my partners ex (the mother) for 50/50 contact and after a first hearing it was ordered to have a section 7, following false allegations of abusive behaviour towards 11 year old. Background info is Father previously had 50/50 contact with children (2 daughters) which was stopped and reduced to every other weekend and 1 night in week by mother when he met me (now wife) 3 years ago. She also did this to her previous husband before meeting my now husband, and alienated her first 3 children from him too - so history repeating itself and we hoped court/cafcass would recognise this as a trend with the mother.
Since girls have been less in his care and spent less time, his relationship with them, (especially the older) has become more strained with clear signs of alienating behaviours due to mothers hatred for him and myself and negativity surrounding him from the mother. She openly tells the children he is an abuser and bully and does nothing but “shout” encouraging girls to fear him. Before applying to court she was constantly accusing us of abusing her and the children, spreading lies about him to anyone who would listen, accused my 2 young sons, ages 7 and 9 of sexual interest in their stepsisters amongst many other disturbing and hurtful claims, and is constantly out to pull our family and the father in particular apart, it’s very much been a long painful road leading to this court case but we hoped the truth would prevail. His 11 year old daughter coincidentally stopped coming to us or seeing her father after we submitted the court application and told the officer she wants nothing to do with him ever again, didn’t acknowledge her step sister or step brothers and said that I have always been unkind to her, when in reality we were extremely close and because of the situation she was more often treated with more than my own 3 children.

The completed report from the Cafcass officer recommendations are no increased time due to fathers “poor management of feelings” with the youngest daughter aged 7 and any more contact will leave her vulnerable as she grows and Develops as he has shown inconsideration to his older daughters feelings which has resulted in the rejection and refusal of contact, and only recommendation is for him to source and take part in a parenting course.
No recommendations for the mother or change in order that she dictated 3 years ago. The officer told us on the phone we both seemed a more than capable for an increase in time so feel very let down.

We believe the mother has purposely enabled and encouraged 11year old to decide not to see her dad since knowing an application to court had been made, knowing it paints father in bad light and she will be revelling in this report being so damming of him and portrays her as a flawless caring mother.
We went into this as LIP - is it too late to obtain legal assistance such as hiring solicitor? Our next hearing is 27th march, we’re not sure if this is a final hearing or just a second hearing following this report.
Also Any advice on how we can challenge this report? What questions we could ask if cross examining the officer? The first hearing we had no cafcass officer present and hearing was very rushed, judge seemed to dislike us too so we want to try as best we can.
My partner now feels like just giving up on it all as he’s just been torn apart by someone who has only had a 20 minute phone-call with him and brief conversation with his girls.
 
Welcome and sorry for what you and your partner are going through.

Cafcass officers and judges can be hit and miss, with some being aware of what's going on and others just using a flowchart to complete their reports.

When you're supporting a partner through kids being alienated you have front row seats to the madness. It's frustrating and upsetting because you witness the decline in the father/child relationship and there's nothing you can do to help. I know, I've walked in your shoes for years now.

Your partner can get a direct access barrister if he wants representation in court. They're u
Don't bother with solicitors as they just bleed you dry.
 
Our next hearing is 27th march, we’re not sure if this is a final hearing or just a second hearing following this report.
The order from last hearing and/or notice of hearing should answer, or at least give some indication.

I'd say this is the first thing to work out. Much of the other questions/details hinge upon this question.

Cafcass do not make any decisions, solely advise. It is not as rare as you might think for a court to go against Cafcass. I strongly believe that the key to getting court on your side is tone. Throwing your arms in the air and objecting will get you nowhere. I recommend the first task should be to find every single part of the report you can agree with. Use the agreement as a foundation to build towards different conclusions. Ideally, based upon shared premises.

You have loads of time to book a DAB for the 27th. How long is the hearing? Are you certain Cafcass will attend? Where does that certainty come from?

I'll write more, gotta jump on a train now.
 
The order from last hearing and/or notice of hearing should answer, or at least give some indication.

I'd say this is the first thing to work out. Much of the other questions/details hinge upon this question.

Cafcass do not make any decisions, solely advise. It is not as rare as you might think for a court to go against Cafcass. I strongly believe that the key to getting court on your side is tone. Throwing your arms in the air and objecting will get you nowhere. I recommend the first task should be to find every single part of the report you can agree with. Use the agreement as a foundation to build towards different conclusions. Ideally, based upon shared premises.

You have loads of time to book a DAB for the 27th. How long is the hearing? Are you certain Cafcass will attend? Where does that certainty come from?

I'll write more, gotta jump on a train now.
The order from last hearing and/or notice of hearing should answer, or at least give some indication.

I'd say this is the first thing to work out. Much of the other questions/details hinge upon this question.

Cafcass do not make any decisions, solely advise. It is not as rare as you might think for a court to go against Cafcass. I strongly believe that the key to getting court on your side is tone. Throwing your arms in the air and objecting will get you nowhere. I recommend the first task should be to find every single part of the report you can agree with. Use the agreement as a foundation to build towards different conclusions. Ideally, based upon shared premises.

You have loads of time to book a DAB for the 27th. How long is the hearing? Are you certain Cafcass will attend? Where does that certainty come from?

I'll write more, gotta jump on a train now.
Thank you both for responding - I’ll take all on board and do just that, although it feels there isn’t a great deal of positives for us to work with. The only way we know the hearing is 27th is as it’s at the top of cafcass S7 which we had through Friday evening, we’ve had no other paperwork through for this yet, time allowance etc.. We were instructed in the interim order to prepare statements for this hearing, but there’s no defining if they’re “position or witness” which isn’t helpful, and we’re unsure if cafcass will be in attendance either - I’ve seen videos stating as they’re has been a report done they have to attend? This officer was travelling from 2 hours to where we live to interview children and made it clear it wasn’t ideal.
We’re also up and down between “how likely is this judge going to change her mind” and gracefully agreeing instead as it is so negative, and without contact for the last 5 months with the one daughter it’s hard to know what to use to show he can manage her feelings and this rejection has come from seemingly nowhere. The fact she was happy and content before has been ignored. The school also commented saying she is happier since not having a relationship with dad, but hasn’t included him going to see teachers every month to keep contact and checks on her but they praise the mother, so all feels against him.
It’s good to hear judges overturn it more often than is portrayed though, read everywhere that it’s heavily relied upon and you have to fight mighty hard and backed up with all kinds of evidence to prove otherwise - where do you find reputable direct access barristers if I can ask?
 
The school also commented saying she is happier since not having a relationship with dad
This is wrong of them to say this. It's only an opinion and not fact. No child is truly happy rejecting a parent.
She's probably putting on a front of seeming happier because her mother is rewarding her for rejecting dad.
People often take alienation at face value and don't see the little nuances.

Search online for direct access barristers. They have chambers with clerks who will help you find a barrister in your area.
 
Background info is Father previously had 50/50 contact with children (2 daughters) which was stopped and reduced to every other weekend and 1 night in week by mother when he met me (now wife) 3 years ago.
The classic story, ex gets nasty as soon as another woman enters the scene. I guess she had to throw allegations at you and your two boys to justify her sudden change of heart. It seems absurd to make claims about the sexual inclination of a 7 year old. Can a 7 year old even experience sexual arousal? How can a sexual ' 'interest' be possible before sexual maturity?

although it feels there isn’t a great deal of positives for us to work with.
The parenting course is something you could agree with. It is a kick in the teeth for this to be suggested. But, why would a parenting course be on the table unless they foresee a role for him as a parent.

There are various organisations that provide Direct Access barristers. We do not advertise or even mention by name on the forum. @Ash maintains a list with feedback from members. The first thing is to find out what directions are for the 27th. In my experience the national helpline will read correspondence on file over the phone and tell you what is going on. They refused to send me copies though.
 
One thing you quickly learn with the so called professionals, be it teachers, judges, cafcass officers, social workers, solicitors, therapists and psychologists, is that the human brain wants to divide people off into a good or bad category.

There never seems to be a 'both parents to blame' option (if that is the case) and whoever gets in first with abuse claims (for the sake of this forum I mean mothers) seems to be 100% believed throughout proceedings.

Humans want a hero and a villain, which can be seen in TV and films. This is why sometimes the so called professionals will put down a parent in a report and praise the other.
My partner got slaughtered in a psychological report. It was so one sided and it's awful to read lies about someone you love, especially after this 'expert' had a brief chat with the vilified person.
 
One thing you quickly learn with the so called professionals, be it teachers, judges, cafcass officers, social workers, solicitors, therapists and psychologists, is that the human brain wants to divide people off into a good or bad category.

There never seems to be a 'both parents to blame' option (if that is the case) and whoever gets in first with abuse claims (for the sake of this forum I mean mothers) seems to be 100% believed throughout proceedings.

Humans want a hero and a villain, which can be seen in TV and films. This is why sometimes the so called professionals will put down a parent in a report and praise the other.
My partner got slaughtered in a psychological report. It was so one sided and it's awful to read lies about someone you love, especially after this 'expert' had a brief chat with the vilified person.
this makes so much sense - she obtained legal aid for (we think) DV as we had the whole separate court entrances and exits but we have no idea how with no real contact for 3 years and never any abuse so no police records or logs, but we thought that was why the judge was very sympathetic towards her from the get go!
 
The order from last hearing and/or notice of hearing should answer, or at least give some indication.
We have more details - the next hearing is a Dispute resolution appointment and time allocated is 1.5 hours, and we’ve been asked to provide statements which is headed as “witness statements”
We’ve also see that the cafcass report was meant to be filed back to court by the 13th February, and statements in response to the report exchanged on the 27th feb but given this only was received Friday (21st) should an extension of time be granted? would this also suggest the report has been “rushed” and something we could use to support as flawed?
 
We have more details - the next hearing is a Dispute resolution appointment and time allocated is 1.5 hours, and we’ve been asked to provide statements which is headed as “witness statements”
We’ve also see that the cafcass report was meant to be filed back to court by the 13th February, and statements in response to the report exchanged on the 27th feb but given this only was received Friday (21st) should an extension of time be granted? would this also suggest the report has been “rushed” and something we could use to support as flawed?
I would use the 14 days given originally. Cafcass providing late serves as justification.
 
Hi. I would email the court and ask for an extension of time to submit witness statements, due to the fact the Section 7 report has only just been received. Ask for another two weeks.

Not a lot happens at a DRA after a section 7 really and the witness statements probably won't be dealt with until a final hearing. However an increase in interim time can be achieved at a DRA sometimes. But did you say the children have been kept away for three years now?
 
Hi. I would email the court and ask for an extension of time to submit witness statements, due to the fact the Section 7 report has only just been received. Ask for another two weeks.

Not a lot happens at a DRA after a section 7 really and the witness statements probably won't be dealt with until a final hearing. However an increase in interim time can be achieved at a DRA sometimes. But did you say the children have been kept away for three years now?
Hi Ash,
Thanks for this I’ll email them tomorrow, and I’m guessing copy in her solicitor also to keep everyone happy?

Am I right in thinking witness statements is when we can provide any evidence we may have, text messages/photo’s of happy children etc to and use this material to cross reference section 7 if needed?

It was 3 years ago Father had contact reduced from 50/50 to 1 night a week and EOW, but contact with older daughter stopped completely after we submitted the court application 5 months ago due to an “incident” in our house and allegations made resulting in this section 7.
Younger 7 year old still comes as normal!
Thanks again for replying, this forum is helping me immensely
 
Yes a witness statement is where you use evidence (exhibits) to back up the points made in your statement.
 
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