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FDHRA help
- Thread starter Jayy_
- Start date
Just email it to the court a few days before the hearing. You can then either email it to the Mother the night before, or early morning of the hearing, or just give her one of your three copies when you get there. Personally I'd do one of the last two. The only obligation is to share it - there is no exchange date.
When you send it to the court by email, put the case number and "Position Statement" as the email header.
Then just something like
Dear Sirs
Please find attached my position statement for the hearing on xxxxxxxxx day xxxxxxxx date. I would be grateful if you could pass this to the Judge. Thank you. Yours sincerely. xxxxxxxxxxxxxxxx (Father)
Make sure your name is on the top of the PS and also the case number. Eg top left your namexxxxxxx (Father). Top right - case number.
Hi all
Yesterday when I received the CAFASS letter, in the email it was mentioned the following:
If you believe there are any factual inaccuracies in the report please let me know as soon as possible, so that we can discuss what might need to be done to correct any errors.
So, there was inaccuracies eg how long I had known her before child came along or she wrote I was manipulating child in Christmas card and quoted something that is a complete lie (I have proof of what exactly I wrote) and a few other things that I mentioned. I stated they were factually incorrect with minimal explanation. I received a response today saying:
I have received the inaccuracies you have highlighted and believe these have all come from mother’s interview or information shared by the Local Authority. I cannot change the information shared by the Local Authority and I cannot change mother’s voice in the SGL. I also cannot change your voice in the SGL for xxxxxxxx.
I have recommended for a full assessment to take place and if the Court directs for this, they will have your email and can discuss your view with you, but at this time, I cannot change mothers voice in the letter. You can share your view at the hearing on Friday as the Magistrates will come to you and ask your view.
So why was I asked in the first place? I’m confused.. is it still worth voicing this inaccuracies ? or should I leave it to play out. There is no way she has any evidence for these things as they simply are not true.
I’ve never had contact with the local authority directly myself. She has told them things but I’ve never been quested or had any in involvement. Our son is known to social services because of 3 incidents mentioned in the report. Again, I’ve never been informed
Yesterday when I received the CAFASS letter, in the email it was mentioned the following:
If you believe there are any factual inaccuracies in the report please let me know as soon as possible, so that we can discuss what might need to be done to correct any errors.
So, there was inaccuracies eg how long I had known her before child came along or she wrote I was manipulating child in Christmas card and quoted something that is a complete lie (I have proof of what exactly I wrote) and a few other things that I mentioned. I stated they were factually incorrect with minimal explanation. I received a response today saying:
I have received the inaccuracies you have highlighted and believe these have all come from mother’s interview or information shared by the Local Authority. I cannot change the information shared by the Local Authority and I cannot change mother’s voice in the SGL. I also cannot change your voice in the SGL for xxxxxxxx.
I have recommended for a full assessment to take place and if the Court directs for this, they will have your email and can discuss your view with you, but at this time, I cannot change mothers voice in the letter. You can share your view at the hearing on Friday as the Magistrates will come to you and ask your view.
So why was I asked in the first place? I’m confused.. is it still worth voicing this inaccuracies ? or should I leave it to play out. There is no way she has any evidence for these things as they simply are not true.
I’ve never had contact with the local authority directly myself. She has told them things but I’ve never been quested or had any in involvement. Our son is known to social services because of 3 incidents mentioned in the report. Again, I’ve never been informed
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You have the other parties name in here it needs to be removed, maybe @Ash can do it.
Inaccuracies have to be things Cafcass themselves have done or said - eg put the wrong name in or said the child lives with the wrong parent. Most of the report is just "reporting" what each parent has said. So if your ex has said a load of things that aren't true, then they are right, they are just reporting what she said - not saying it themselves.
I'm amazed you even got a response! I didn't! And there was a glaring innacuracy in my last one some years ago. It said the child lived with the Mother when there was a court order to say the child lived with both parents! Lazy and assumption.
I'm amazed you even got a response! I didn't! And there was a glaring innacuracy in my last one some years ago. It said the child lived with the Mother when there was a court order to say the child lived with both parents! Lazy and assumption.
Yes just the one I saw Ash.
The inaccuracies Cafcass are referring to are typos or wrong dates or names etc. My letter said this:-
The inaccuracy of how long you had known her is her story she told Cafcass but which you are disputing. Cafcass own practice direction says they must only report what they are told - they don't have to sort out fact from fiction. Unfortunately the end result is you have a report that states what an awful abusive and manipulating father the child has got. Remember these are just reported words - they are not facts and not opinions of the author. As the reply said, you have to share your view in court, because they can't change the mother's words.
Extremely annoyed. Case was listed for today however I got here, they said it will likely be adjourned as mother is not here.
CAFASS informed them of this last week as she mentioned to them she can’t make it. So there was a chance to cancel ahead of time not when I was already there and signed in.
I went into court and stressed the fact I haven’t seen child since April but they said they are unable to continue this time without the mother. However, if she doesn’t make the next date they will move forward without her.
There seemed to be confusion amongst them as I heard them ask how has this happened and why wasn’t I informed. Mother had sent them evidence of being on holiday but they only saw it today. They apologised for me making journey.
Next date is over a month away.
I wanted to ask any advice on if there is anything I can do in the interim. CAFASS advice was to send monthly letters/cards, should I go ahead with this?
I now have access to the school which they also apologised for not including me in comms. They said it was an oversight on their end.
CAFASS informed them of this last week as she mentioned to them she can’t make it. So there was a chance to cancel ahead of time not when I was already there and signed in.
I went into court and stressed the fact I haven’t seen child since April but they said they are unable to continue this time without the mother. However, if she doesn’t make the next date they will move forward without her.
There seemed to be confusion amongst them as I heard them ask how has this happened and why wasn’t I informed. Mother had sent them evidence of being on holiday but they only saw it today. They apologised for me making journey.
Next date is over a month away.
I wanted to ask any advice on if there is anything I can do in the interim. CAFASS advice was to send monthly letters/cards, should I go ahead with this?
I now have access to the school which they also apologised for not including me in comms. They said it was an oversight on their end.
How can you ensure that the content like Xmas is not lied about again? Not sure how old the children are but for the next few months could you use moon pig or send via solicitor who can verify content?
Maybe I overthink things
The Christmas content was via Moonpig so I have full proof of this. I also took pictures before sending as well as did tracked delivery. It was advised by the some great people on here so I am fully covered. Will be interesting to see how she proves it on her side.
Just more so wondering if it would be a good idea in terms of how it would look to court. It won’t be anything too expensive so if she still refuses to give, I think it could possibly be help my case in terms of not sure how effective cards/small gifts will be if they aren’t being given?
The case is 6 weeks from now so I would like to at least attempt to make contact with child. Child is 8.
My child is similar age - I decided against sending and social worker raised it. Turned out mother raised it, but when I explained about santa and who bring the presents, it popped him back in the box as the child did not say this.
It is a tuff situation with pro and con on each side in my opinion.
Could you clarify what you mean by social work and mother raised it? Did the court request you send cards as interim contact?
In safeguarding report CAFASS recommended this as interim contact. As the hearing has been delayed I’m thinking to do it now as it was recommended.
I think as it was in safeguarding report, mother might give it this time round to be in their “good books”
In safeguarding report CAFASS recommended this as interim contact. As the hearing has been delayed I’m thinking to do it now as it was recommended.
I think as it was in safeguarding report, mother might give it this time round to be in their “good books”
Court said I could send. I have decided not to.