Family Court Cafcas- Advise

[Ash]

It says it was a final order, so you'll need to apply to vary on a C100. It's not like starting from scratch again, and you'll be attaching the current order to the C100 when you apply. As for timescale - some of it depends on region. Maybe a few weeks to a first hearing and you'll have Cafcass reports after that. You'll need to word your application carefully to get it accepted.

 

[wassaw123]

Hi ash
Many thanks
When you say word your application carefully to get it accepted

What do you mean by this
would this refer to the statement section within the application

 

[Ash]

Yes I meant the section 5b wording.

 

[wassaw123]

Perfect
Just wanted to check ha
Had me worried then I might have sone something wrong

 

[wassaw123]

Just a quick one if someone could help
I sent in a C100 for two weeks ago and have today received some documents for the court.

They are listing the matter for a second gatekeeping appointment

What is this as it says no parties attends court

 

[Ash]

Do you know what the outcome of the first gatekeeping hearing was? These days they are doing an initial gatekeeping hearing almost as standard. Cafcass discuss with a Judge what should happen next - eg FHDRA, fact find, Section 7 etc. If you've only just had the court papers, have you had the Cafcass interviews? It sounds like the standard gatekeeping hearing, after the Cafcass interviews/report. Have you had the Cafcass interviews?

I've removed the location from your post but note that it says it's a pilot. Not sure what kind of pilot but that tends to be focusing on trying to get parents to agree more and less adversarial hearings.

So usual progress is - application. Court papers returned mentioning a gatekeeping hearing without attendance. Cafcass interviews, Cafcass report/letter sent to you (usually). Gatekeeping hearing for Cafcass to put recommendations and suggestions to Judge but Judge decides what next. Then whether it's an FHDRA or fact find possibly. Usually it goes to an FHDRA and it's then considered if a fact find is needed.

At the moment it sounds fairly standard - but not sure what the "second" gatekeeping bit is if you've only just applied.

 

[wassaw123]

Hi ash

This is all confusing and quite honestly if what you have wrote is what happens then I’m ready to walk away from all this
I was only in court in November 2022 last with the case that started in July 2020
I was asked to do these course and bring it back to court
Iv had section 7 done twice
Interviews previous with cafcass
Iv already had a fact finding which was last year

Will they do all these over again?

 

[wassaw123]

Hi Ash
It says 1. Cafcass must send safeguarding letter - Speak to both Parties
2. Listed for second gatekeeping hearing so not really sure why it says second and iv never had a first one

 

[Ash]

Sorry if I've caused confusion there. But I'm a bit confused now. You said you submitted an application 2 weeks ago so I assumed this is a new case/new application. But then you say the case has been going on since 2020?

 

[wassaw123]

Hi ash
So In July 2020 I submitted a c100 to see my daughter
Long story short it went around the houses, two sections 7’s, I had a fact finding hearing June last year

Then at the last hearing cafcass said they could not recommend unsurprised contact untill I completed a dapp course.
The judge then said at the hearing in November 2022, the application could not move forward untill a dapp and parenting course was completed
All done now so I filled a c2 which they said case had been closed so I had to submit a new c100
In the view to move things forward

 

[Ash]

Sorry yes I've just read back. Your final hearing said you needed to do a DAPP course and you were seeking alternatives and applying to vary.

Because it's a new application to vary it will be the standard procedures again. Cafcass interviews, gatekeeping hearing and then you'll know what next. I assume they've called it a second gatekeeping hearing due to your previous application.

You should be hearing from Cafcass any day for an interview and can tell them what courses you've done and explain how the last order was left.

 

[wassaw123]

Brilliant it all makes sense
Hopefully they can move it from supervised to unsupervised as at the moment my family have been doing it for the past two year

 

[Ash]

Keep us posted!

 

[Hackedoff_dad]

Brilliant it all makes sense
Hopefully they can move it from supervised to unsupervised as at the moment my family have been doing it for the past two year

Don’t walk away, stick at it, nothing lasts forever keep fighting for the kids man ️

 

[wassaw123]

I have my safegaurding Interview withthe delightful cafcass on the 12th july, i asked the question 'would they look at the histiry of the case' considering its been going on for three years.

They were adamant they would look at the full background of the previous case before we chatted, hopefully i can get someone with a little common sense this time

 

[Ash]

Hope it goes well and come on here for some tips before the interview.

 

[wassaw123]

Hi Ash
Just a quick question, can i and is it worth doing a position statement for the Gatekeeping hearing
As i or the respondent is not requested to attend this hearing

 

[MagicJ]

Hi Ash
Just a quick question, can i and is it worth doing a position statement for the Gatekeeping hearing
As i or the respondent is not requested to attend this hearing

@wassaw123 I have the exact same question, Gatekeeping is a few months away, thanks for asking this.

 

[Ash]

I've suggested people do a position statement for the Gatekeeping hearing before and I think it's a good idea. Whether it makes much difference I don't know, but it's an opportunity to update the Judge.

 

[wassaw123]

Many thanks ash