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Parental alienation vs Emotional abuse
- Thread starter Jose
- Start date
So I finally phoned them today. They said the letter was filed and sent to court. I asked for a copy and the contact centre person said they sent a letter to the case worker and only if she was fine she would send it, otherwise she won’t. Lawyer said that it happens sometimes. It sounds suspicious to me. Maybe I am wrong
From what I am reading, Cafcass won’t send the letter to parents when they think there is something there that can put at risk the child or the other parent….
Ok just read back. Cafcass spoke to you first and the Mother second - they told you no welfare issues. Then they spoke to the Mother and now the safeguarding letter has gone straight to court (possibly). Sounds like your ex has made allegations against you possibly. What will probably happen next is a gatekeeping hearing (that's happening a lot these days) after the Cafcass letter - where Cafcass discuss with a Judge what directions to give next and you should get court papers with the outcome of that. It might say a fact find or section 7 is recommended and a hearing listed for FHDRA when the court decide which of Cafcass recommendations to follow (sometimes they are not recommendations - just things like "the court might want to consider a section 7 - and leave it up to the Judge or magistrates on the day).
The only positive thing if your ex has made allegations, is you're likely to get a proper Judge! Not a legal adviser or magistrates.
It's worrying with no information - and seems ridiculous you have a hearing coming up and no idea what the safeguarding letter says. When is the hearing again? Do a position statement for that, go along and see what happens - it'll probably be a section 7 report. That's not such a bad thing it just means things take longer. It's a face to face interview and an opportunity for Cafcass to see your home etc and you to have a more in depth chat.
I can't see how any allegations your ex has made can be taken that seriously when she's been allowing you to see your daughter so much 8am to 8pm. But - she stopped that recently and may have made allegations as an excuse for having stopped your daughter seeing you.
You'll need to be prepared to ask for interim time in a contact centre at the hearing, if ex has made allegations and they're doing a section 7 as they won't order her to start time up again till all safeguarding is complete.
The only positive thing if your ex has made allegations, is you're likely to get a proper Judge! Not a legal adviser or magistrates.
It's worrying with no information - and seems ridiculous you have a hearing coming up and no idea what the safeguarding letter says. When is the hearing again? Do a position statement for that, go along and see what happens - it'll probably be a section 7 report. That's not such a bad thing it just means things take longer. It's a face to face interview and an opportunity for Cafcass to see your home etc and you to have a more in depth chat.
I can't see how any allegations your ex has made can be taken that seriously when she's been allowing you to see your daughter so much 8am to 8pm. But - she stopped that recently and may have made allegations as an excuse for having stopped your daughter seeing you.
You'll need to be prepared to ask for interim time in a contact centre at the hearing, if ex has made allegations and they're doing a section 7 as they won't order her to start time up again till all safeguarding is complete.
The first hearing is on monday.
I would not take too seriously the business about the Cafcass letter then - your ex has no leg to stand on in terms of allegations if she's still sending your daughter weekly. It's a bit confusing but it's very common for the letters not to get to you in time (or even to the court in time). It could be anything - and actually if they do suspect parental alienation they are not going to want to let parents see that or they could turn funny. Eg if your ex was alienating and Cafcass say they suspect that, then she might get quite maverick and it affect the child.
Did you do a position statement for the hearing? Sorry if i've asked before - it's been a long week.
Did you do a position statement for the hearing? Sorry if i've asked before - it's been a long week.
Didn't realise you were using a lawyer. Solicitors tend not to write position statements and just use their own verbal submissions. Barristers sometimes do position statements. It's helpful if no solicitor as allows you to update the position and say anything you want directly to the Judge by means of the PS in advance, so less to say/remember when you get there. Or in case you don't get much chance to speak. If you're being represented then solicitor will do it their own way probably.
Sounds good - hope your barrister is better than hers 
. Yes the Barrister will probably do their own position statement then based on info you give them. That's what mine did. He always called his "Note" rather than Position Statement. Same thing apparently.
. Yes the Barrister will probably do their own position statement then based on info you give them. That's what mine did. He always called his "Note" rather than Position Statement. Same thing apparently.so what actually happened is that the cafcass case worker was on holiday for two days. she called me today regarding the letter. So no safeguarding issues. She is worried about me not following the doctor's advice as the ex alleges and that there is on going acrimony between us. She was telling me we need to decide about the relocation and that they will see it from the point of view of the child and will ask her how she feels.
Of course she alleged emotional abuse but so I did.
Of course she alleged emotional abuse but so I did.
check your email box, they send it via email now