S7 Cafcass - totally biased report, where do I go from here?

[Ash]

It is certainly a game of strategy and luck and expect Cafcass to favour the Mother. The luck part is getting a good Judge.

 

[Conan]

“I have received the Cafcass report today and it’s devastating. Totally biased in favour of Mum.”

@Conan - I have read this so many times in the last year or so. The attitude towards the value of a Dad is shocking. If you’re safe enough to have overnights via progression then why not a full order? It is indeed totally biased towards minimising Dads in children’s lives and the frankly sexist view that children do better with one main home and parent.

Cafcass did not see the child with you therefore the report is flawed and that’s why you get Cafcass cross examined at final hearing as @Magic says. To get that report undermined as flawed and get a better order than they recommend. Thats what cross examination is about - persuading a Judge to ignore someone’s evidence.

Do you know if you will have a Judge or magistrates.

So yes, you can address various aspects of the S7 report in a position statement before the next hearing, saying what you don’t agree with and why and what you do agree with - and anything else you want to say or ask for in the position statement (perhaps increased interim time with progression before final hearing).

If you can afford a barrister for the final hearing you could come out with a much better order than is recommended I am sure.

Thank you Ash,
Yes its a magistrate. District Judge.

Also,as you state no observation of the children with myself.

I will have a Barrister representing me at the next hearing

 

[MagicJ]

Thank you Ash,
Yes its a magistrate. District Judge.

Also,as you state no observation of the children with myself.

I will have a Barrister representing me at the next hearing

Hi Conan, just to clarify a DJ, single experienced judge is different to a Magistrate, a bench of 3 lay people guided by a Legal Advisor

 

[Conan]

Hi Conan, just to clarify a DJ, single experienced judge is different to a Magistrate, a bench of 3 lay people guided by a Legal Advisor

Sorry, yes. Its a single Judge in my case.

 

[MagicJ]

That's good, often it's difficult to predict as Mags bench can be comprised of a lot of different individuals.

It's worth finding out from your Solicitor and/or counsel what, if any experience they have of this DJ and how they are perceived.

 

[Chi22]

OMG, can she come after me for costs too? How much did you lose financially?

Yes, I have a Barrister representing me at the next hearing.

This is the final statement of the Cafcass report on children's wishes:

Both children told me that they wished to see their father and that when everything is sorted out that they would be happy without people there and for it to take place at Dad’s house.

Throughout the report it stated the children wanted to see me and spend overnights, but Cafcass is refusing the shared care order as its been so long June 23 when access had stopped (deliberately by Mum).

There is a straightforward answer to this and it is within CAFCASS's power. I'm surprised they have not suggested it.

If their objection to adhering to the shared care order is that contact has not taken place since June, then how does having infrequent contact with an unsupportive parent move that forward?

CAFCASS has a Child Contact Intervention which is aimed at restarting contact (amongst other aims). You should put forward that you would like this to take place when you are next in court. It is essentially observed contact and a report goes to court. That's your first ask.

2. If your ex has a narrative then either you can ask the court to consider Practice Direction 12J or ask that parties file a Scott Schedule in order that it consider whether a Fact Find is necessary. If there is a shared care order, I doubt that it is.

Your third point is to ask for phased restart of the shared care order once the Intervention has taken place and the future court has considered it's report.

This needs to move on. The children have spoken but their views are not being heard.

This matter needs to move on.

 

[Conan]

“I have received the Cafcass report today and it’s devastating. Totally biased in favour of Mum.”

@Conan - I have read this so many times in the last year or so. The attitude towards the value of a Dad is shocking. If you’re safe enough to have overnights via progression then why not a full order? It is indeed totally biased towards minimising Dads in children’s lives and the frankly sexist view that children do better with one main home and parent.

Cafcass did not see the child with you therefore the report is flawed and that’s why you get Cafcass cross examined at final hearing as @Magic says. To get that report undermined as flawed and get a better order than they recommend. Thats what cross examination is about - persuading a Judge to ignore someone’s evidence.

Do you know if you will have a Judge or magistrates.

So yes, you can address various aspects of the S7 report in a position statement before the next hearing, saying what you don’t agree with and why and what you do agree with - and anything else you want to say or ask for in the position statement (perhaps increased interim time with progression before final hearing).

If you can afford a barrister for the final hearing you could come out with a much better order than is recommended I am sure.

Thank you Ash,
Have forwarded the report to my Barrister for a view and direction with my paralegal support

 

[Chi22]

Thank you Ash,
Have forwarded the report to my Barrister for a view and direction with my paralegal support

There is something else here. Please ensure the children were seen other than in the presence of the mother. That's usually a social services flaw but worth looking at.