Section 7 report from Cafcass - concept check

[DIDDY]

Hello
I have my DRA tomorrow and I have questioned Cafcass over the way the report was written.
Essentially, I challenged the person who interviewed me and asked why she did not include behaviour of the ex that I think was bad and that I think affects my son today.
She replied with this:

I take on board the points you have raised in your email. I would highlight that the focus of my report is on exploring the concerns raised that are of relevance to my assessment and the decisions the Court are being asked to make.

This made me realise that the point of the S7 is to analyse me and my behaviours / actions - it is irrelevant to the report what the ex has done as she is not the one subject to the report.

I found this realisation very sobering (as well as infuriating!) and now I undertand that there is little point arguing.

Is this a fair assessment of the process?

 

[winger]

I think it depends on circumstances, every case is different, and each judge will order different things to be 'assessed'. I have an S7 and the person doing it is looking at both households and both parents. Sometimes it's biased, sometimes not. It depends on the person you get as well! So many variables unfortunately.

 

[DadLad]

Hello
I have my DRA tomorrow and I have questioned Cafcass over the way the report was written.
Essentially, I challenged the person who interviewed me and asked why she did not include behaviour of the ex that I think was bad and that I think affects my son today.
She replied with this:

This made me realise that the point of the S7 is to analyse me and my behaviours / actions - it is irrelevant to the report what the ex has done as she is not the one subject to the report.

I found this realisation very sobering (as well as infuriating!) and now I undertand that there is little point arguing.

Is this a fair assessment of the process?

On the court order from your FHDRA under Section 7. Look at the detailed instructions on the order. ie the concerns of each party, the home conditions of each party etc.

These should be the things that are discussed with the FCA during the S7 interview. if not you can raise it at your DRA and question the FCA who wrote the report in court.

And IMO, trying to dispute a report directly with Cafcass is absolutely pointless because they won't change anything. The best way to go about it is to dismantle the flawed report in court.

 

[Ash]

Hello
I have my DRA tomorrow and I have questioned Cafcass over the way the report was written.
Essentially, I challenged the person who interviewed me and asked why she did not include behaviour of the ex that I think was bad and that I think affects my son today.
She replied with this:

This made me realise that the point of the S7 is to analyse me and my behaviours / actions - it is irrelevant to the report what the ex has done as she is not the one subject to the report.

I found this realisation very sobering (as well as infuriating!) and now I undertand that there is little point arguing.

Is this a fair assessment of the process?

It is sobering and probably is a fair assessment. Dads are analysed. All Cafcass want to know really is - are you a good Dad and are you a safe parent. They tend to ignore anything the Mother has done as they think Mothers are the most important thing and children belong with Mothers. It's outdated. So unless your ex has been arrested for child abuse or had social services say she is unfit to look after children, Cafcass are going to treat her as a safe parent, regardless of her behaviour. If you say anything negative about the ex, even if true, they see that as you not being a good co parent.

Sadly we are not treated equally and the route to success is to keep everything child focused and positive and not criticize the ex. And say you want to co parent amicably.

It's natural for us to react defensively, when accused of things and say - well what about her behaviour but you can't do right by Cafcass! If you criticize the ex they think the child is at risk of conflict between parents.

So was this a Section 7 report or an initial letter after Cafcass phone calls? If you have any comments about the S7 it's best to raise that in a position statement for the hearing tomorrow. Are you represented? If not I can help with a position statement tonight if you like.

 

[DIDDY]

Thanks for the above reply. It was a S7 and this morning we met for the DRA, decided we could not agree, so Final Hearing set for some time in 2034 if we're lucky.

I asked the beak if I could reply to the S7 and he said better wait until the DRA when I can cross examine the Carcass advisor - something I cannot wait to do as the more I read her so called report the more shaky it looks in regards to her characaturing of me as a bad dad (it all come down to 2 things apparently, one of which involves allowing my boy to download a social media app on his phone (("this shows how dad is controlling and coercive towards mum")) despite his mum doing exactly the same thing with a different app, the other that on the designated weekend the children were with me I refused to change weekends as mum had something come up).

And so I will quietly analyse the S7 and prepare and wait for my day.

Any tips on how to comport myself on the day? It will be face to face and I am looking forward to it

One funny thing happened today - the call was delayed as the beak had no microphone working on his laptop and it was amusing watching him get more and more annoyed. The court clerk, the one in charge of arranging the calls and the recordings, was desperately trying to fix it with a techincal person and had obviously forgotten to mute her own mic. At one hilarious point she was heard to exclaim "I can't get the f***ing mic to work for the judge!".

A rare moment of levity in an otherwise very serious day.

 

[Ash]

Fiasco isn’t it? So next hearing is a final hearing? Let go of the anger and frustration and focus on getting the Cafcass report undermined. What was Cafcass recommendation in the S7 for ongoing time?

Are you going to use a barrister for final hearing?

 

[DIDDY]

Sorry not sure what you mean ongoing time, but no change recommended until we complete Final Hearing. On that day I'll be litigant in person

 

[Ash]

What was section 7 recommendation for how much time child spends with you?

 

[DIDDY]

Oh ok - I think she suggested two more days a month (which is what the ex has asked for). Currently have him alternate weekends for two nights and a few afternoons a week and also whenever she wants to go on holiday and relax - so it seems I am only "controlling and coercive" some of the time

 

[Ash]

Yes typical!

 

[hazemaze]

If someone had been controlling and coercive in a relationship what would it matter after they split anyway? Why does it have to stop someone seeing their kids so often or at all? This is what I don't get on that arguments sake. If you don't see your ex and pick up kids through other family members etc yiu wouldn't even have any conflict in front of children.

 

[DIDDY]

Yes it matters as they try to stretch it out beyond the broken marriage and use it to beat you with: the ex claims my C&C behaviour affects the child and that is reason to deny me a 50 / 50 split (but apparently ok for me to have him every two days and alternate weekends)

I cannot wait to cross examine the ex but in particular the Cafcass advisor who called me "argumentative" in her report (because I questioned her methods of talking to my boy). Her report is just a 14 page cut and paste job with a few names sprinkled in to personalise it. She took what the ex accused me of and set off to justify it. The reasons they cite for my C&C ways I cant go into as I want to remain anonymous, but let's say they all invole things that any couple / family would disagree on. Day to day matters involving phones, travel arangements, pick up times.

Watery, flimsy, and actually downright absurd.

I dont need representation, just a half hour before a judge where Cafcass will have to answer to me.

 

[NewcastleBrownAle]

Thanks for the above reply. It was a S7 and this morning we met for the DRA, decided we could not agree, so Final Hearing set for some time in 2034 if we're lucky.

I asked the beak if I could reply to the S7 and he said better wait until the DRA when I can cross examine the Carcass advisor - something I cannot wait to do as the more I read her so called report the more shaky it looks in regards to her characaturing of me as a bad dad (it all come down to 2 things apparently, one of which involves allowing my boy to download a social media app on his phone (("this shows how dad is controlling and coercive towards mum")) despite his mum doing exactly the same thing with a different app, the other that on the designated weekend the children were with me I refused to change weekends as mum had something come up).

And so I will quietly analyse the S7 and prepare and wait for my day.

Any tips on how to comport myself on the day? It will be face to face and I am looking forward to it

One funny thing happened today - the call was delayed as the beak had no microphone working on his laptop and it was amusing watching him get more and more annoyed. The court clerk, the one in charge of arranging the calls and the recordings, was desperately trying to fix it with a techincal person and had obviously forgotten to mute her own mic. At one hilarious point she was heard to exclaim "I can't get the f***ing mic to work for the judge!".

A rare moment of levity in an otherwise very serious day.

have you seen "Penguins of Madagascar"....? the judge's name wasn't .. "DAVE"... by chance?

 

[Ash]

Great film

 

[NewcastleBrownAle]

Great film

Ironically, it's a film about a guy (DAVE) who seeks revenge from a bunch of guys who were innocent bystanders but had to endure the vendetta waged by DAVE anyway.... "smile and wave boys,, smile and wave".


off topic, but just lightening the mood a little...