Cafcass report is really late they are really cutting it fine

[Hackedoff_dad]

Evening dads,

Anyone had a court appearance on the same day the supposed Cafcass report was emailed? just wondering why, could it be that they can't get hold of the other party to complete, or anyone else had a similar experience ? did you find out why?

 

[Ash]

Sorry to hear that - yes it has happened that the report comes out only the day before a hearing but on the same day .........hmm. Is there any way you can chase it up and find out what's going on. If it's not ready your hearing might be adjourned.

 

[Nanaforsonsjustice]

Evening dads,

Anyone had a court appearance on the same day the supposed Cafcass report was emailed? just wondering why, could it be that they can't get hold of the other party to complete, or anyone else had a similar experience ? did you find out why?

Is it the first safeguarding letter or a S7 report? My son’s first safeguarding letter was withheld from both parties and only sent to the court. They both got it on the day given by the on duty cafcass officer who said it was held for safeguarding reasons because Domestic abuse was alleged by both parties.

 

[Hackedoff_dad]

Thankyou,

This will probably it then,

 

[Nanaforsonsjustice]

Thankyou,

This will probably it then,

Make sure you have egress, as they will need that to send it to you on the day.

 

[Hackedoff_dad]

yep I just rang them and they said they will send it now but I doubt it

 

[Hobnob]

At my final hearing my barrister told me that the Cafcass officer wasn't in the court room and there was no report. He asked me to call her which I did and it went straight to voicemail. He told me to call back and leave a message and keep trying, he was starting to worry that she wasn't going to show. Shortly after the judge summoned the barristers, when he came back she was in the court room, she'd been to the loo. We were both having kittens.

 

[Ash]

She could have told someone she was going to the loo!

 

[Hobnob]

From my experience everything with cafcass was last minute but no one seemed bothered. It was the same with her barrister, I had to chase them after the deadline to swap position statements. And whilst I was waiting to catch a plane for the hearing my barrister informed me that mine was going to be a test case for a new approach! He found out just before 5pm the day before my hearing!

 

[Hackedoff_dad]

so I got an enforcement order, Cafcass were right on the bell, but less than 10 days after it, the ex narc makes up some other stuff complete tush, then witholds the child, I am back in the same spot, I have just had to re-apply to the court again, after this next enforcement I am considering 50/50 shared care, not seen my child properly in nearly 4 years, how can they just keep getting away with it, and I have to keep paying :-(

 

[Ash]

Have you only just got this enforcement? How long ago? So you've just applied to enforce again? I would ask the Judge to order costs and add a penal notice to the order. That still probably won't stop her breaching again, but then if you have to go back again for residency the penal notice and costs order will strongly help with this.

 

[Hackedoff_dad]

yep, one more time to enforce, then I am going to eventually go for full residency I think, this time I am going to recover costs

 

[Ash]

Are you representing yourself? If so when you do a position statement before the hearing, suggest saying something like this towards the end.

"I ask the court to consider that the Mother's behaviour is reprehensible and request are ordered costs against her"

You might only get the application fee back in costs, but what's more important is it's a benchmark for any future hearings, that she has done something really bad if she had costs ordered against her. The benchmark for costs is (apparently) reprehensible behaviour. The fact she has disrupted your child's routine yet again, and breached an enforcement order, could be posed as reprehensible.

Asking for a penal notice is something they can also consider at an enforcement, to deter her from breaching again.

A penal notice doesn't mean she'd automatically go to prison if she breached again though, it means you'd have to apply to have the penal notice enacted. But it's still a deterrant. You might get one or the other if you ask for both. Either costs or a penal notice.

 

[Hackedoff_dad]

Good shout Ash, I have put all this in the order, and implied it in the last Enforcement order, I rang my barrister and he said you should be able to do it myself so I did, also he did say, if you carry on the way you are going you will get custody eventually, but that is a massive call but if needed I will have to do it. the ex Narc is digging herself a massive hole, I have as part of the enforcement already done now and filed, it is costing me money but I now feel I am justified as to start re-cooping some of these costs, I think just keeping a cool steady head and get this next enforcement done, hopefully community service or a fine will deter her, but I doubt it, Cafcass are on my side more than in the beginning, but I think I just will keep going, and put in the 50/50 next year and then see, if she does not get the message by then I will be going for full custody I think. baby steps but a means to an end I think its the right call here unless she decides to have me murdered or tries worse.

 

[Ash]

Community service or a fine won't deter her but a penal notice might.