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Family Court Cafcas- Advise

I'm no legal counsel, but I would be trying to understand what exactly CAFCASS or the court would be content with my client enrolling in, in the absence of the DAPP program, to provide the assurance that they are looking for.

For CAFCASS to simply suggest you abandon your case is not an option. They must surely have an alternative they are content with.

https://www.thechange-project.org/files/Self-refer-letter-August-2022.pdf

"You should show this letter to your solicitor, Family Court Advisor (FCA) and/or the Judge in your case and explain that self-referrals to Respect-accredited programmes are not currently possible. Your Cafcass England FCA may be able to advise on alternative options."
 
Many thanks Kyle, iv passed this on to my solicitor

It's just very frustrating, and been a long drawn-out process that just seems to be never ending, my daughter was 9 months at the start, she is now 3 and a half
 
I've just been reading that some regional police forces have been given funding by the Home Office to run their own DVP courses. It looks like there's a wide variety of custodial based DVP programs which won't be any use to you, but also some general ones.

I think If I was you I would be looking at my regions efforts to offer something while this ludicrous gap in CAFCASS recognised DAPP's continues...

https://www.respect.uk.net/pages/109-respect-accredited-members

...and suggesting to my legal counsel that offering to find and attend the next best thing to keep things moving.

It ain't over till the fat lady sings.
 
To be honest it sounds like a big F off from Cafcass. I've heard of things like this before. Cafcass wrote my first court order - then criticized the previous order wording when I had to return to court saying the order did neither party any favours and had led to a return to court. Joke.

How can that be in a child's best interests to say - well they can't see their Dad until some possible new course finally gets set up which could be indefinitely. Which is why it sounds lazy and like a big F Off. I think I would want to challenge it. And try and find some kind of DV course so you can say to the court look you say I can't see my children till I've done a course that doesn't exist, so I've taken the initiative to do a different course and here's the certificate, now please let me see my children. I think if you had a Judge that would get through.
 
I second Ashes take on this. CAFCASS only make recommendations, they do not bind the hands of the court. I had a judge overrule CAFCASS completely, with little more than a shrug.

Showing initiative is also a really good idea. I have heard of a recent case where social services required the Caring Dads course recommended above as a condition for person with criminal record having access to kids. Bring alternatives that are ready to go with you to the hearing. Remember: delay is the enemy of the children.
 
Kyle said:
I've just been reading that some regional police forces have been given funding by the Home Office to run their own DVP courses. It looks like there's a wide variety of custodial based DVP programs which won't be any use to you, but also some general ones.

I think If I was you I would be looking at my regions efforts to offer something while this ludicrous gap in CAFCASS recognised DAPP's continues...

https://www.respect.uk.net/pages/109-respect-accredited-members

...and suggesting to my legal counsel that offering to find and attend the next best thing to keep things moving.

It ain't over till the fat lady sings.
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I am shocked that only one service in Wales is accredited to work with male victims 😤
 
Resolute said:
CAFCASS only make recommendations, they do not bind the hands of the court.
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That is key here really isn't it? I feel that making a concerted effort to enroll yourself on an alternative course, CAFCASS recognised or not, backed up with a good pitch from your legal counsel and a good position statement explaining and showing the court your commitment to treating any suggestions of the issue may swing it.

But I most certainly would not be abandoning my application because the system has failed. I'm seething at that still...
 
Kyle said:
That is key here really isn't it? I feel that making a concerted effort to enroll yourself on an alternative course, CAFCASS recognised or not, backed up with a good pitch from your legal counsel and a good position statement explaining and showing the court your commitment to treating any suggestions of the issue may swing it.

But I most certainly would not be abandoning my application because the system has failed. I'm seething at that still...
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Yeah agreed

Cafcass sometimes go off message. Try and demonstrate you're taking action.
 
If the cafcass officer is inexperienced a good legal representative can pull their reports apart.
 
So just got out of the hearing, Cafcass didnt attend the court hearing (Surprise Surprise)
The Judge went on the recommendation of the Cafcass that a DAPP must be done, Due to Cafcass problems with the Dapp, I must now wait until a Course comes along, Court also stated that i must pay for this, Due to a Previous gambling problem, (6 Years gamble Free) the mom stated to the judge that she wants regular updates with regards to this, which would involve me showing my bank accounts to Mom ( Clearly for Maintenance calculations on mums Basis)

Stated that supervised contact needs to carry on until cafcass course comes available (which no one knows) i am unable to fund supervised contact any more, So to cut a long story short

My family court journey is over, the white flag has been raised and i have walked away after having nearly a 26 month progress, mom trying to control my daughter and now me (This was all the case when we were together)

Cafcass & the court system have now added another Fatherless child as a victim
 
I am really sorry to hear that. Did your solicitor not fight your corner as it seems unfair you should have to pay for everything. Indefinite contact centre is not an option - it’s pay per view. Could you appeal that hearing? The problem is Cafcass recommended something you can’t do because it’s not available. It’s shocking.
 
It’s shocking ash

Can’t say I’m in the best of places at the moment but I just can’t see anyway forward
The judge just said you need to do this course and bring it back to court when you have done it
 
I am so sorry to read this :cry:

I was destroyed after each of my hearings. Over the next few days and weeks the path from here might get clearer. Right now, please look after yourself and let things filter.
 
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wassaw123 said:
All I can say is I tried, if I get a knock on the door in future I’ll hand over all the file and let her read it
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It's dreadful isn't it. My partner has had a letter from the combined family court saying his exes appeal to the last court hearing has been granted.
 
I’ve read your thread and to be honest I am dumbfounded at this outcome. There appears to have been plain failure from your representation but perhaps also from the judge which should open the judgement to appeal.

a) In 2020 Cafcass recommend no need for DAPP

b) Progressively increasing (successful) supervised contact up to 6 hours length. Backed by positive reports from contact centre presumably?

c) FF hearing worst finding of you shouted or shouting to mother and not physical violence?

d) Cafcass then changing recommendation to do DAPP based on that one finding of shouting? Notwithstanding that no DAPP is available for potentially 2 years or more?

If these facts are accurate it is absolutely a judgement that should be appealed with a very high likelihood of not only having a retrial ordered but potentially having the appellate court make a new judgement on the day as no new evidence that needs to be tested at a hearing will have been introduced as part of the appeal.

The overriding principle of the Children Act and all the case law is supportive of the expectation for the courts to bend over backward to ensure and uphold the child’s right to a relationship with both parents. And the courts do go to very substantial lengths before severing, directly or indirectly, contact.

In your case, indirectly, due to lack of DAPP programs and due to financial inability to maintain the expensive supervised contact, your child will be stripped of its right to her father. This is a very important development and one that I can’t believe a judge would simply wash their hands off if it was raised strongly and clearly to them in court!

The judge could have and should have not followed the Cafcass recommendation give the very low level of seriousness found at FF hearing. This is the most obvious ground of appeal which becomes even more forceful when you consider what the outcome practically will mean, that is to deprive the child of her relationship with her father. Unacceptable and in my view, based on case law, a flawed judgement and open to appeal.

I just had to share my view on this because if the facts are as you presented them in the forum this judgement is flawed.
 
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HI Many thanks for your response, i am litreally in shock with it all to be honest and couldnt believe it myself.
My solictor has been very poor, if i am to go ahead with this appeal (if it looks like i have a case) i will have to do this all self-representing

to answer a few of your answers below
a)yes we offered the course, cafcass and judge said it wasnt required
b) yes all positive reports, yet cafcass didnt even take those into consideration
c) yes no Physical abuse just shouting at mom (even through she did same to me)
d) Yeah this is correct, i did ask the cafcass person when she met me, how do i do a course which isnt available or recognized by yourselves, she said i dont know but its what im recommending
 
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