Section 7 cafcas report

[danio10]

Hi all,

I am due in court next week as the applicant, because My ex makes it very hard to make arrangements for holidays etc and our current plan is 40/60 to her - lives with both parents (however the layout is not child friendly).

We have had allot of disagreement on things.

I received the section 7 report today and it states.

Mother to have live with.

Dad to get a fri/sat/sunday.

And of the non weekend 1 day in the week.

The section 7 is blaming me for the poor communication? Tho i showed cafcas her poor communication also.

What will happen in the first hearing? Could they order in line with cafcas and i loose seing my son during the week?

So upset.

 

[Ash]

I am really sorry to hear this. The danger with re-applying to court is that if Cafcass decide there is conflict between parents, they think that is bad for the child so they give the child to the Mother. However I was pre-warned very early on, to always make sure my communications were polite and whiter than white, in case of a return to court - so they couldn't tar us both with the same brush.

Section 7 reports are often biased towards Mothers however. Do you have a DRA after the section 7, to be able to write a position statement?

What Cafcass are recommending is still 5 nights a fortnight (3 night week-end and one midweek night) - what was it before?

I think you need a good barrister to keep the lives with both parents order.

 

[danio10]

The DRA is in a few weeks, will they order cafcas's plan?

Id loose my son effectively.

I have him 6 nights, on a plan that does not make sense - which is mother refused to look at and change week 1, 2 nights weekend on, week 2, 3 nights weekend off.

Currently take him to school and pick him up the same amount of time as her, i only go 4 days without seeing him.

The conflict always starts with the mother then she has use two examples only on the report to take all that time away from me in the recommendation? And not listened to any of my concerns?

Is it best i seek legal advice?

 

[Ash]

Could you set out the current schedule for me please? It could help when making arguments at the DRA to understand exactly what days and when.


Eg set it out over a fortnight. If it is over a fortnight?

The DRA will be your opportunity to respond to the section 7 report. Not legal advice exactly, but I strongly recommend you use a direct access barrister to represent you in court - they are the ones who will persuade Judges. At a final hearing, the author of the Section 7 report can be cross examined and their report undermined as flawed (it probably is and a barrister will be able to show that). The barrister can then argue that all that is needed is a better schedule and defined holiday dates, then there would be less communication needed between parents and the conflict was only being caused by the last order not being worded well.

It's not cheap using a barrister, but it's worth it if you want to keep your lives with both parents order.

 

[danio10]

The parenting plan was created before my son started school and was based around her working pattern.

we agreed to look and change it once he started school - and this never happened.

the care arrangement part of the plan is:

Week 1- Child will be with Mum on Saturday and Sunday; Mum will drop child off at 5.30pm on Monday and Child will remain with Dad, until he drops Child off at 6.30pm on the Thursday. Child then remains with Mum until the Saturday morning, see week 2.

Week 2- Dad will collect child on Saturday morning, at a time to be agreed between us, and return child to mum on Sunday evening, at a time to be agreed between us. child then remains with mum until he is dropped off by her to Dad at 5.30pm on Tuesday. child remains with Dad until he drops him back to mum at 6.30pm on the Thursday, child remains with mum until Monday evening, when the week 1 rotation begins again.

I went to cafcas just talking about my son etc and not bring up all the negative statements about my ex, however she has mentioned two arguments, and she gets the better position on the report? also the report states nothing negative about , safeguarding etc , so its really confusing!

where can I get a direct access barrister?

 

[Ash]

So that's one long week-end with Mum until 5.30pm Monday. 3 midweek nights with you then Thurs and Friday night with Mum, then a short week-end with you early saturday until sunday evening. Then Sunday Monday nights with Mum until 5,30pm Tuesday. Then Tuesday and Thursday nights with you.

No it isn't a good schedule even though you get 7 nights each - she gets a very long week-end, you get a very short one, and you get most of the midweek nights.

The courts see week-ends and holidays as "quality time" so those are always 50/50 (ie every other week-end with each parent and half the holidays with each parent). They see midweek nights during term time as "care time". That's four midweek nights - Friday is classed as the week-end.

So if you had two midweek nights each it would be 50/50. Providing you both had a 3 night week-end.
What Cafcass have recommended as a schedule is in line with court thinking - a 3 night week-end with each parent, but they've only given you one midweek night instead of two. Two would make it 50/50 as before. I think you'll be able to argue that it should be 50/50 as before - or a barrister can on your behalf.

I'll PM you about barristers.

 

[danio10]

on a good month it is 45% with me, however the wording and other parts leaves me in a situation where she changes plans without notice and messes holiday arranges about!

The cafcas report is less time then that, it states:

23. I recommend a Lives with order for child to remain living with mum (the report is wrong and quotes the original order wrong)

24. I recommend a spends time with order, for child to be spend time with Mr dad as below.

- child to spend alternate weekends with dad, collected from school on Friday and returned to school on Monday morning.

- On the Weekend that child is not seeing dad, then he could be collected from school one day during the week, and returned to school the following morning.

How is this good for my son when we have a routine and I spend my time after school with him with reading and learning? I dont understand why it is so one sided?

Should I have thrown all the evidence to cafcas?

I have a txt of my ex wishing my plane would crash when I went on holiday?, I didn't show cafcas - as I was making it child focus.

Thank you for the PM!

 

[Ash]

(the report is wrong and quotes the original order wrong)

This is typical of Cafcass - I had the same thing when I had a shared care order. Either they incorrectly assume the child lives with the Mother or they subliminally decide that's the case regardless of what the order says! This is good news if they quote the original order wrongly, as it means you can get their report undermined as flawed at a final hearing.

It's funny wording at point 24 but they are basically saying every other week-end for 3 nights and a midweek overnight (but you're right it sounds like only on alternate weeks).

You need to save evidence until a final hearing. No point showing anything to cafcass, they're not interested and biased. They are only there to sort welfare issues. There would be a good argument at final hearing to say it should remain a lives with both parents order but a better schedule. Save that email saying she hopes the plane crashes, until final hearing. The difficulty you might have is if some of your messages are hostile as well.