Mother not replying to CAO contact from Cafcass

[Concernednan]

My son is going through a CAO, but his ex hasn’t replied to any contact from Cafcass.

His 3rd hearing is coming up in a couple of weeks, It is just being ignored by her.

To me, it is cut and dried, as she is obviously obstructing him seeing his child, but do the courts actually enforce orders?

 

[mva]

What court hearing is coming up.

Has your son got any interim contact?

Any allegations been raised ?

 

[Ash]

If he's applying for a CAO I assume it's interim time that's been ordered that she's not following? If you can give us a brief rundown of what happened when approximately, it will help.

It seems strange to have a third hearing coming up if you're only just getting Cafcass interviews. If the ex doesn't respond to the Cafcass interviews, they may do the report without her input.

Does your son have any representation at all?

 

[Peanut 21]

If your son put in a c79 to try and enforce the order, the court may send out a new order to say the cao is still in place.
If there is then an enforcement hearing the judge would probably just give the ex a slap on the wrist.
But it depends on where your son is at in terms of between hearings.

I take it the 3rd hearing coming up is a final hearing after a first hearing and fact finding?

 

[Ash]

Yes it would help to know more - whether it's an enforcement application on a C79 or whether it's a Child Arrangements application on a C100

 

[Concernednan]

C100? - He has had no contact since he left in 2021.

His ex made allegations of DA after he left, he was arrested, and bailed. When there was no evidence for prosecution from CPS he applied for Mediation.

She didn’t respond, and applied for a NMO. He appealed it, but by the time it got to the second hearing with court delays there were only 2 weeks left.

So he applied after NMO had expired for mediation again and she ignored.

Now she has ignored all contact from Cafcass, hasn’t responded or turned up to the last 2 hearings.
She did answer her phone to first call from Cafcass, but said it wasn’t her.

 

[Ash]

So these hearings were NMO hearings then? If he wants to see his children he needs to apply to court for a Child Arrangements order, on a C100 application form. So has he already done that now and Cafcass have started their phone interviews but ex hasn't responded - is that right?

Sorry I'm still a bit confused what the last two hearings were. Were they child arrangements hearings? What happened at these last two hearings - were they adjourned because she didn't show up?

 

[Concernednan]

Sorry Ash - I can be confusing!

Yes he has had 2 child arrangement hearings that have been adjourned due to her not appearing.

 

[Ash]

Ok. There is some case law - a case where when the Mother didn’t appear at the third hearing, the Judge transferred residence. This is not common however and it depends what reasons the mother has given each time and whether the court accepted them. What reasons did she give, if any? Or did she just not show up? What was the court’s reaction to her not showing up? Did the Judge issue another order telling her she had to attend?

Assuming your son isn’t represented by lawyers, he needs a very good position statement submitting before the next hearing. This is basically a note to the Judge updating “the position” since the last hearing, but also an opportunity to request things. For example he could say that the ex is ignoring court orders and not turned up at two previous hearings, without good reason, and if she doesn’t turn up at this hearing he asks the court to consider transferring residence and quote the case law. They probably won’t but they may take some action. It also depends what the. Cafcass safeguarding letter says. Assume you’ve had that back now even if the ex didn’t cooperate?

 

[Ash]

So it would help to know if he’s had the Cafcass safeguarding letter back or not and what does it say. I take it the police bail has ended now and the case closed with nfa (no further action)?

 

[Concernednan]

Thank you.

Yes to NFA

She has had no contact with Cafcass, apart from answering her phone on morning of first hearing, as they rang up to check she was attending, and then denied it was her.

First hearing they gave her another chance and were going to trace her through the usual means.

Second hearing no show.

There isn’t a safeguarding letter, as far as I know, as she has had no contact with Cafcass.

I will check with him after he’s finished work.

I really appreciate you input, as the position statement is not something I would have known about. That will be an easy thing to do.

 

[Concernednan]

There are lots of other things I could add, but don’t feel comfortable sharing on a public forum, as it would be easily identifiable!

 

[Ash]

That's ok - just keep it to general things then everyone's situation looks the same! The situation is very common. I am surprised there is no safeguarding letter. Presumably they had the call with your son? In which case they should have done the safeguarding letter just based on what he said and commented that they couldn't get a response from the Mother.

I can help with a position statement if you want. By private message.

 

[Concernednan]

Just an update as things are clearer (as mud)!

Have prepared a position statement, but has not had any letters from court or CAFCASS.

Given that he hadn’t had any correspondence (which I know he hasn’t as it comes to our address). He rang the court yesterday morning, and was hanging on for an hour. They answered and he said he was just ringing to confirm the case was going ahead, as he had been told the date and time at his hearing in August, and not had any correspondence.

They told him to send an email as they were busy and address it as urgent. He sent it off straight away.

He has JUST got a reply, saying I can confirm the hearing is going ahead, please note there is a change of venue. The original one was 11 miles away, the new one is 9.5 miles away in opposite direction.

The whole thing has been an absolute farce.

 

[Ash]

Just go with the flow with it. One tip - always be very nice and polite with the court clerks who answer the phone. They may just be admin but they can have some influence and be very helpful - or difficult. A couple of times I've had one "have a word with the Judge" for me!

 

[Concernednan]

I agree - he has been brought up to be polite to everyone, and moan/swear, whatever - after the interaction!

Just sent of an email in reply which will be too late, as they shut at 4

Many thanks for your email confirming the court hearing will be held at *****

I assume you have informed ****** and that she has confirmed her attendance.

I cannot have another adjournment to this process, which has already taken far too long with a childs welfare at stake.

Many thanks, and to confirm I will be there at ***** tomorrow.

 

[Ash]

So it's tomorrow then?! And you haven't had the Cafcass letter. That suggests Cafcass have sent it directly to the court and not to the parents.

 

[Concernednan]

I’m hoping that’s a good thing!!??

 

[Ash]

I really don't know. I think if they hadn't done the letter at all, the hearing would have been adjourned. Sometimes they send it directly to the court, and not to the parents, if they think one or other parent shouldn't see something.

 

[Concernednan]

Another no show.

They have traced her through DWP, so know she is at the address given.

A Guardian is going to be appointed.