CAFCASS Section 7 Report

[Ash]

Not much you can do then - it won't look good for her if it isn't produced.

 

[DadLad]

Not much you can do then - it won't look good for her if it isn't produced.

I have a feeling she is hiding something and they are purposely delaying it until after the section 7 report.

 

[BrainDad]

It was more than… if you remember my final order was for continuation of contact centre only time for approximately another year. This was Cafcass’ influence to a Justices of Peace ‘judge’.

Overturned by a high court KC judge to permit unsupervised time, handovers to be made by parents, dismissed the non-molestation order immediately.

So it was a pretty damn good appeal document we put together. Thanks again

I might need help with a similar appeal soon enough.

Cafcass s7 is due in a few weeks in my case.

I know it's going to be what karen Woodall has called "through the gendered lens darkly". It will be some type of recommendation that what's best for mum is best interests of child because women's rights is intertwined with the best interests of the child.

The High Court seems to be doing a fantastic job. They understand parental alienation.

I have a firm belief that all Cafcass s7 reports should begin with "Once upon a time...", because all great fiction begins with that.

I'm not too worried about the s7 report. I'm ready for them...

 

[jafranks]

i can only comment on my experience. I’ve been a LIP since my C100 application to a final order and appeal… lots of my journey I don’t recommend, but absolutely happy to share my time in the system. If advice might help your situation. But I can’t guarantee that my words can help your case. As everyone says - each case and judge is different. True. But I do believe there is a way of managing the above (you) in many different ways depending on the circumstances.

As said, happy to speak if you think it might help you! I’ll say now that one thing I did learn is to not fight Cafcass on their S7 in the same way I initially did…. Do it better than I did. I realised this at when we all broke for lunch, the ‘judge’ asked for my pathetic and inhumane FCA to join them for lunch. Welcome to PM me but lots of heads on here with many experiences differently too

 

[BrainDad]

Thanks Jafranks.

I've managed to put together a fantastic team over the last few months. So I'm hoping to get it to where it needs to be without too much of a struggle. Parental alienation is an issue for the Court not cafcass, so to some extent they are going to have to suck it up and live with it, whether they like it or not.

 

[DadLad]

Would contacting the court be unwelcome regarding breaching a court order ie the respondent not filling documentation specified in a court order, its over a month overdue.

They are hiding something and withholding the documents until after the S7 report is filed. That’s my guess.

 

[Ash]

Not quite sure what you mean there. If an order has been breached, and something needs to be done that hasn't been done that is ordered, you would enforce the order. But before that, you would give the respondent a last chance to do it. By writing to them along the lines of

"I'm writing to ask you to fulfill your obligations under the court order of xxxx xxxx (date) and complete x documentation as per clause x of the order. Please can you advise me this has been done within 7 days."

If it hasn't been done within 7 days you enforce the order. You don't actually mention "or I'll apply to court" but it's hinted at. Better not to make direct threats of returning to court or they can start retaliating and doing something nasty,. Keep it under your hat, but it's hinted at.

 

[DadLad]

Not quite sure what you mean there. If an order has been breached, and something needs to be done that hasn't been done that is ordered, you would enforce the order. But before that, you would give the respondent a last chance to do it. By writing to them along the lines of

"I'm writing to ask you to fulfill your obligations under the court order of xxxx xxxx (date) and complete x documentation as per clause x of the order. Please can you advise me this has been done within 7 days."

If it hasn't been done within 7 days you enforce the order. You don't actually mention "or I'll apply to court" but it's hinted at. Better not to make direct threats of returning to court or they can start retaliating and doing something nasty,. Keep it under your hat, but it's hinted at.

it’s documents which was supposed to be filed by a date stated within the court order.

They have not followed the court order and documents are still outstanding.

 

[capa]

it’s documents which was supposed to be filed by a date stated within the court order.

They have not followed the court order and documents are still outstanding.

Regarding the s7 and the court journey, is there not a route of a penal order as with the financial order?

 

[DadLad]

Regarding the s7 and the court journey, is there not a route of a penal order as with the financial order?

I don’t have a financial order.

 

[jafranks]

Would contacting the court be unwelcome regarding breaching a court order ie the respondent not filling documentation specified in a court order, its over a month overdue.

They are hiding something and withholding the documents until after the S7 report is filed. That’s my guess.

I feel your frustration. I don’t think obtaining a doctors note with health history is a long winded ordeal for doctors - might be a little inconvenient for them. But I think it cost me £20 or something to receive this document and within 48 hours. I had it.

It seems like you are holding onto this as being some sort of leverage on your case to spend more time with child(s)..? wether it’s with Court/Cafcass and the Section 7. I was holding onto anything I could too which I thought would benefit me…

I would do the recommendation from Ash. Send another BIFF letter requesting this and what the court has ordered. But I would try and let it go until you are in the courtroom. Otherwise you’ll find yourself focussing this time on something that might not even be worth anything. I’m not saying ignore it. I believe not keeping to court orders is punishable, but unfortunately it’s usually not. Then you’ll just be seen as someone who is just causing a problem and pestering your X when you can focus on predominantly- the child arrangements order in your favour.

Be careful with Cafcass. They will see persistence for such a document provided as some sort of harassment. It’s better to do it right and then leave it. Then in Court you can say what you feel as things are understood better in person.

I’m with you completely on what you are saying, but don’t push it

 

[capa]

I don’t have a financial order.

I meant in regards that if there's no response in a financial order you can apply for a penal order, so was wondering is that or could be the case with your situation

 

[DadLad]

So as it stands:

No GP note filed by other party (this is now almost 2 months overdue)

Police disclosure not filed by the other party - this is a week overdue

Ex’s solicitor doesn’t reply to emails and hasn’t contacted the court with an update regarding the delays.

The Section 7 report will start in a couple of weeks and I believe that this is a tactic by the other party to delay such documents so that important information won’t be included in the report.

Why is everything so overcomplicated and full of delays and dirty tactics when it comes to the family court.

 

[jafranks]

So as it stands:

No GP note filed by other party (this is now almost 2 months overdue)

Police disclosure not filed by the other party - this is a week overdue

Ex’s solicitor doesn’t reply to emails and hasn’t contacted the court with an update regarding the delays.

The Section 7 report will start in a couple of weeks and I believe that this is a tactic by the other party to delay such documents so that important information won’t be included in the report.

Why is everything so overcomplicated and full of delays and dirty tactics when it comes to the family court.

Usually Cafcass will do a police background check in their initial ‘safeguarding letter to court’. It’ll say Trace or No Trace then what has been found in both parties file. Did this not happen prior to your FHDRA?

Police disclosures can be directed straight to court, as it is the court that take it upon themselves to have this information. What did the judge say or what does it state in the order for directions on this document? I had to pay approximately £120 (£60 each) for mine but the court put it all through, I received it maybe two days before the next hearing.

How are Cafcass doing their Section 7? Are they seeing you in person? Telephone?

Remember above all of what you are saying above. Focus on the child focus on the child focus on the child. I cannot stress how important that is.
If you only talk about you as a good parent and the importance you are to the child(s), they can’t write seventeen pages of you being anything else.

 

[DadLad]

Usually Cafcass will do a police background check in their initial ‘safeguarding letter to court’. It’ll say Trace or No Trace then what has been found in both parties file. Did this not happen prior to your FHDRA?

Police disclosures can be directed straight to court, as it is the court that take it upon themselves to have this information. What did the judge say or what does it state in the order for directions on this document? I had to pay approximately £120 (£60 each) for mine but the court put it all through, I received it maybe two days before the next hearing.

How are Cafcass doing their Section 7? Are they seeing you in person? Telephone?

Remember above all of what you are saying above. Focus on the child focus on the child focus on the child. I cannot stress how important that is.
If you only talk about you as a good parent and the importance you are to the child(s), they can’t write seventeen pages of you being anything else.

The court ordered that the other party needs to file a GP note and also police disclosures to the court by a set date. This date has now passed and no documents have been filed.

Cafcass did initially do background checks when preparing the safeguarding report.

This new police disclosure was ordered separately at the FHDRA because the other party was asking for it. This will come back empty but it’s obviously another delay tactic.

I am still waiting to be appointed a Cafcass officer to carry out the S7 report. I will be specifically asking for them to visit me at my home so that they can see that it’s a suitable and loving, family environment. I will also mention that they can’t make an assessment of me as a parent if they haven’t seen me interacting with our kids.

Cafcass previously ordered no interim contact because mother stated there was ongoing DA (for making a Child Arrangement application) which I find absolutely shocking that this has been used as a reason to prevent contact.

There are zero arrests or cautions, or police records during or post separation. Allegations only started since child arrangement proceedings began.

The court did order that during the preparation of the S7 report if they now find it suitable for contact to start then Cafcass are to file an urgent order.

The wait is painful and torturous, 2.5 years and counting.

 

[jafranks]

I feel your pain.

Following the DA allegations why has this not followed with a Scott Schedule and subsequent Fact Finding to dismiss allegations? Then a Section 7 can be carried out with clearer narrative on essentially, facts.

 

[DadLad]

I feel your pain.

Following the DA allegations why has this not followed with a Scott Schedule and subsequent Fact Finding to dismiss allegations? Then a Section 7 can be carried out with clearer narrative on essentially, facts.

The Judge wasn’t interested in her allegations for a fact finding because of the previous x2 NMO which were dismissed from court.

The other party have tried to push for a composite final hearing.

I just can’t justify or comprehend how an allegation of harassment for making a child arrangement application is being used as a barricade for contact.

 

[DadLad]

I have received my appointment letter from Cafcass for my Section 7 interview but they have tried to fob me off with another telephone interview which Ive told them Im not accepting as they need to see me at my family home. The ex is being seen at home so this is only fare.

Part of the court order under the section 7 part states; the home conditions and suitability of the accommodation of the parties.

I have a DRA early next year, then a final hearing.

 

[Peanut 21]

Yes, insist on a home visit.
If they won't do it you can mention this when you go back to court.
My partner hadn't been seen with his children in over 4 years of court proceedings and the judge frowned upon cafcass for this.

 

[DadLad]

Yes, insist on a home visit.
If they won't do it you can mention this when you go back to court.
My partner hadn't been seen with his children in over 4 years of court proceedings and the judge frowned upon cafcass for this.

I’m massively pushing that they can’t make any assessment of me as a parent if they have never observed me interacting with my kids.

I refuse to have a phone call interview.

The order clearly states that they need to see me at the family home.