Hi, been a while since i posted, hope i get some help please.
Background
1. Had my DRA (to determine if FF is necessary) in Nov 2023, I am LIP self represented
2. Respondent was absent for the hearing du to child unwell, however she appointed DAB to represent on her behalf
3. Alcohol tests results came abstinence or lol level
4. Respondent put 18 allegations (dv, sexual, financial and what not) I submitted my responses with strong position statement
5. Both parties did not wish to have FF as this was volatile marriage where tempers became frayed and many disagreements. Court decided no FF is necessary due to historic allegations and is not appropriate in the best Interest of child
6. Court ordered for Section 7, along with Interim supervision contact of 3 sessions of hourly visits
Fast forward
1. Notes from the contact centre are VERY POSITIVE, Cafcass officer eye witnessed one of the sessions.
2. Both parties had Section 7 Interview. Cafcass interviewed 4 Years old child (His wishes are happy to see father in the community with out the mother, but not happy to do overnights which is agreed as been separated for 3 years now and havent seen the child for over a year now and until the court order)
Cafcass recommendations to court
1. I respectfully recommend that a Child Arrangement ‘Lives With’ order should be made to Mother
2. I recommend that child continues to spend time with his father and suggest these stepped arrangements.
a) a further 3 sessions of supervised time with child funded by father. I would recommend this was on a fortnightly basis, to alternate child's weekends as he spends a lot of the week in nursery and Mother will also have weekend plans.
b) If no concerns are raised within these sessions, then this would move to supported family time for a longer length (time restricted to funding), no longer than
3 hours. This would be within the building that child is already familiar with but with checks from staff, not consistent monitoring.
c) If no concerns were noted after 4 sessions, then this could move to time in the community, with handovers provided by the contact centre. This would allow some monitoring on child’s return to the centre before handover and would ensure parents do not come into contact which each other. I would recommend that this was on a fortnightly basis, initially for 3 hours, but moving up to six hours, cost of the handovers would need to be shared between parents
d) If a mutually agreed friend or extended family member were willing to provide an opportunity to handover then this would be possible after 6 sessions by the centre.
e) At this time I have observed no safeguarding reason why this could not progress to overnight contact, other than child’s understandable hesitation on this and father does not currently have accommodation suitable for overnight stays. Over time child may develop confidence to do this, and father has assured me, he
would be able to secure appropriate accommodation when required. However, parents are not at a point where they have co-parenting skills to allow this to be managed effectively for child. Staying overnight would be a significant step forward for child and both parents, therefore I am not making a recommendation at this stage, which would be unmanageable given the current co- parenting situation.
22. I recommend that mother provides father with regular education and health updates as well as photos. I recommend this is done through a 3rd party communication app.
23. I recommend that both parents complete Planning Together for Children to agree a parenting plan in regard to future spending time arrangements in line with child's wishes in the hopes that the above arrangements can progress.
Mother is not happy with the Section 7 report, she put in a urgent C2 application to the court.
Below reasons
1.The mother was absent for the hearing held in Nov 2023 (DRA), because of the ill child instead represented by counsel, where the serious domestic abuse allegations hasnt been highlighted to the court.Background
1. Had my DRA (to determine if FF is necessary) in Nov 2023, I am LIP self represented
2. Respondent was absent for the hearing du to child unwell, however she appointed DAB to represent on her behalf
3. Alcohol tests results came abstinence or lol level
4. Respondent put 18 allegations (dv, sexual, financial and what not) I submitted my responses with strong position statement
5. Both parties did not wish to have FF as this was volatile marriage where tempers became frayed and many disagreements. Court decided no FF is necessary due to historic allegations and is not appropriate in the best Interest of child
6. Court ordered for Section 7, along with Interim supervision contact of 3 sessions of hourly visits
Fast forward
1. Notes from the contact centre are VERY POSITIVE, Cafcass officer eye witnessed one of the sessions.
2. Both parties had Section 7 Interview. Cafcass interviewed 4 Years old child (His wishes are happy to see father in the community with out the mother, but not happy to do overnights which is agreed as been separated for 3 years now and havent seen the child for over a year now and until the court order)
Cafcass recommendations to court
1. I respectfully recommend that a Child Arrangement ‘Lives With’ order should be made to Mother
2. I recommend that child continues to spend time with his father and suggest these stepped arrangements.
a) a further 3 sessions of supervised time with child funded by father. I would recommend this was on a fortnightly basis, to alternate child's weekends as he spends a lot of the week in nursery and Mother will also have weekend plans.
b) If no concerns are raised within these sessions, then this would move to supported family time for a longer length (time restricted to funding), no longer than
3 hours. This would be within the building that child is already familiar with but with checks from staff, not consistent monitoring.
c) If no concerns were noted after 4 sessions, then this could move to time in the community, with handovers provided by the contact centre. This would allow some monitoring on child’s return to the centre before handover and would ensure parents do not come into contact which each other. I would recommend that this was on a fortnightly basis, initially for 3 hours, but moving up to six hours, cost of the handovers would need to be shared between parents
d) If a mutually agreed friend or extended family member were willing to provide an opportunity to handover then this would be possible after 6 sessions by the centre.
e) At this time I have observed no safeguarding reason why this could not progress to overnight contact, other than child’s understandable hesitation on this and father does not currently have accommodation suitable for overnight stays. Over time child may develop confidence to do this, and father has assured me, he
would be able to secure appropriate accommodation when required. However, parents are not at a point where they have co-parenting skills to allow this to be managed effectively for child. Staying overnight would be a significant step forward for child and both parents, therefore I am not making a recommendation at this stage, which would be unmanageable given the current co- parenting situation.
22. I recommend that mother provides father with regular education and health updates as well as photos. I recommend this is done through a 3rd party communication app.
23. I recommend that both parents complete Planning Together for Children to agree a parenting plan in regard to future spending time arrangements in line with child's wishes in the hopes that the above arrangements can progress.
Mother is not happy with the Section 7 report, she put in a urgent C2 application to the court.
Below reasons
2.The merits of the fact finding practice direction12J hasn't been sufficiently reviewed.
3.No presentation by the counsel on what impact this leaves on the mother and the child long term and the seriousness of fact finding.
4.Missing documents from the bundle prepared by court and reviewed at last hearing.
5.Same concerns explained to CAFCASS but section7 report has no detail of the risk/harm posed towards the child.
Question is
I am having my next DRA (1 hour) in a week from now, what are the impacts with her C2, I do not want to go backwards again and no FF. I am happy with the Section 7 recommendations as it is progressive.
Appreciate your thoughts.
