C79 enforcement application. Cafcass issue

[Beetlejuice]

Hi all,

I'm stuck and a bit worried.

My daughter is 4, in 2021 I got a court order for access to my daughter after her mother was refusing to allow me to have sole care for my daughter on a saturday, insisting I spent time at their address instead.

I gained access for contact every Saturday so she could spend time with me and her 2 half brothers.

Late last year, her mother made a false allegation of sexual assault, police had no reason to investigate as my daughter didnt say anything, it was her mom that said there had been abuse because of a nappy rash. I was not informed of this allegation by mother or police.

Earlier this year, new allegation that my son had inappropriately touched my daughter, this time my daughter vocalised the accusationwhen describing where she had been 'touched'. Social services involved this time and daughter was examined, no evidence sexual assault, but daughter said what had happened. Again, I was not notified until Social services were in contact. They interviewed sons at school, interviewed son at our address and myself. Assessments complete, and safety plan put in olace to protect daughter (and son) from any future accusations. (none of the assaults hapoened, on the day in question, my son was at an event for most the day, and only saw daughter for 1hour, where we played lego and dropped her home). Social agreed that contact could resume.

Her mother has refused that, and refused any contact for 2 months, finnaly allowing contact again in late may 2023, but public meeting in the presence of her. At this stage i just wanted to see my daughter and was hoping it was temporary, as she would see that my daughter was happy with etc. Mother made it clear that she would not let me see daughter without her.

I then proceeded with enforcement order (c79) application as i felt with safety plan in place and social in agreement that contact could resume, that the mother was clearlt in breach of the current court order.

However, Cafcass have done safeguarding report and recommended a section 7 investigation take place (can take 14 weeks, court hearing is in 2 weeks) and that contact can continue in public with the mother.

So basically feel like tbey have decided the fate of the court case, mother has not breached court order, and further investigation needs to happen before they are happy for my daughter to be with me.

Has any one experienced this? Is all lost? Should i withdraw court application? I have no solicitor as I cannot afford, but i try to research as much as I can, but struggling to see many relatable instances like this.

I thought given the safety plan and assessment by social services, that the court would agree with that, but i seems Cafcass are over riding that and want to do their owm work on it.

Thanks in advance and for reading.

 

[Ash]

Hi. Don't worry it's quite common to have a Section 7 and they could more likely be looking at your ex than you. The circumstances will have made them concerned for your daughter's emotional welfare if the allegations were false and so serious. Cafcass will be assessing the Mother, as well as you, when they do the section 7. They may or may not talk to your daughter again. They might decide not to if she's already been seen by Social Services.

So they might decide the Mother has coerced the child into this and is attempting alienation. Or they might look at any conflict between both parents as they consider that harmful to the child as well. So your best bet is to be careful not to criticize the Mother, regardless of what she's done - or that comes across as you being hostile towards her, Then they could say there's hostility on both sides so better just leave the child with the Mother to protect her from hostility. Which is not what you want. So keep it child focused, Keep it about your daughter and your good relationship with her.

You will also have to show probably, that you're aware stepsiblings of a certain age can get involved somehow - whether romantically or otherwise, and that your life is organised so they are not left alone. Which children shouldn't be anyway. This doesn't mean it's an admission of guilt or that you're saying something happened. It's saying you are doing your best to protect all the children and keep good boundaries.

I edited your post slightly and changed your username as I think it might have been your real name and the detail and your name would have been identifiable. We ask people to use anonymous usernames as these are court matters. Some of the detail has been edited for that reason too.

 

[Ash]

Btw I can change your username to something else if you prefer . This one was just random

 

[Beetlejuice]

Btw I can change your username to something else if you prefer . This one was just random

Its fine, thanks for doing it for me

 

[Beetlejuice]

Hi. Don't worry it's quite common to have a Section 7 and they could more likely be looking at your ex than you. The circumstances will have made them concerned for your daughter's emotional welfare if the allegations were false and so serious. Cafcass will be assessing the Mother, as well as you, when they do the section 7. They may or may not talk to your daughter again. They might decide not to if she's already been seen by Social Services.

So they might decide the Mother has coerced the child into this and is attempting alienation. Or they might look at any conflict between both parents as they consider that harmful to the child as well. So your best bet is to be careful not to criticize the Mother, regardless of what she's done - or that comes across as you being hostile towards her, Then they could say there's hostility on both sides so better just leave the child with the Mother to protect her from hostility. Which is not what you want. So keep it child focused, Keep it about your daughter and your good relationship with her.

You will also have to show probably, that you're aware stepsiblings of a certain age can get involved somehow - whether romantically or otherwise, and that your life is organised so they are not left alone. Which children shouldn't be anyway. This doesn't mean it's an admission of guilt or that you're saying something happened. It's saying you are doing your best to protect all the children and keep good boundaries.

I edited your post slightly and changed your username as I think it might have been your real name and the detail and your name would have been identifiable. We ask people to use anonymous usernames as these are court matters. Some of the detail has been edited for that reason too.

Thanks for the info. Are you aware on the likely steps the judge will take given the Cafcass report will most likely not be completed in time for the hearing?
How bad does a failed enforcement application look for me going forward?