CAFCASS CROSS EXAMINATION

[JaneR]

Good Afternoon all,
Final hearing coming up and have been told we will be Cross Examining the CAFCASS officer

Could someone give me an idea of what type of questions to asks i.e. how we are allowed to word them. I've got a few written down however I'm not sure if it's correct format. most are closed questions relating to the S7 report and the evidence that will be in the bundle.

TIA

 

[DIDDY]

Yes closed questions.
Mine was, for example:
Can you please explain which events you consider to have caused “emotional harm”?
Because I haven’t taken drugs in years, and that I don’t drink excessively, and the children have never seen me under the influence of any substance or alcohol, that would suggest that there is no concern regarding drugs or alcohol, wouldn’t it?
Are you aware that this is exactly the same arrangement that his mother has asked for?
Do you consider it a possibility that his mother had any influence over his answer?

 

[Brighton with 2 kids]

They really don't like it if you do this. When I did it the Legal Adviser (used to be called Clerk of the Court and is the person from the court who runs the hearing ), the Legal Adviser blocked me from asking the crucial questions or repeating questions because they hadn't been answered. The magistrate thinks the LA is impartial and just applying the law so they will complain if you push back, but I think you should be allowed to (anybody knows more about this, please jump in).

But as said, closed questions and expect them to try to wriggle out of answering or to give lengthy irrelevant details. Somebody here may know if you can interrupt an irrelevant and stalling answer.
Best of luck.

 

[DIDDY]

They really don't like it if you do this. When I did it the Legal Adviser (used to be called Clerk of the Court and is the person from the court who runs the hearing ), the Legal Adviser blocked me from asking the crucial questions or repeating questions because they hadn't been answered. The magistrate thinks the LA is impartial and just applying the law so they will complain if you push back, but I think you should be allowed to (anybody knows more about this, please jump in).

But as said, closed questions and expect them to try to wriggle out of answering or to give lengthy irrelevant details. Somebody here may know if you can interrupt an irrelevant and stalling answer.
Best of luck.

Well, I went ahead and did exactly this. Had about 20 questions that I went through calmly and respectfully. The Cafcass woman has answers for them all, but it clearly showed her up for the conformational bias she had followed in making the S7.
Judge agreed with me and rejected every single recommendation.

 

[DadLad]

Well, I went ahead and did exactly this. Had about 20 questions that I went through calmly and respectfully. The Cafcass woman has answers for them all, but it clearly showed her up for the conformational bias she had followed in making the S7.
Judge agreed with me and rejected every single recommendation.

Well done buddy