Section 7 report

[Jrlee87]

Hi all

I have been going through a court battle with my ex since August 2021 I haven’t seen my little boy for almost 3 years. After lots of delays and attempted delays from my ex during the court proceedings we finally had our fact find hearing in October last year where all allegations against me where found to be untrue.

The judge ordered after that for a section 7 report to go ahead and for contact to start between me and my son who is going to be 5 in May to begin again with this to be supported by CAFCASS.

Our case worker has been great but as expected my ex is delaying this now and is stating that it is causing my son emotional distress with no evidence and the nursery workers stating the opposite. In the S7 report the case worker has stated that some of the things my son is saying isn’t from him own memory but things he has overheard from adult conversations.

My son has said he doesn’t want to see me but can remember playing games with me (the last time I saw him was just after his 2nd birthday) my ex is saying that he is old enough to know why he wants and believes his wishes should be accepted. The case worker again has respectfully disagreed.

So he is now recommending that when we go back to court we go through another stage called ICFA. I feel like this is yet further delay in my ex’s side to try and stop me from seeing my son when the judge and CAFCASS are all saying there is no reasons for this to not happen.

In the S7 report there was some concerning things raised by the nursery staff about the routine of him being dropped off and also the way my ex communicates with the nursery. I have also since found out that she has been able to take him out of the country twice in the last 6 months without me knowing.

I am after any advice or if anyone has been through anything similar. I got to the stage before I read the report and found out he didn’t want to see me in giving up but after the report I feel like not only do I need to fight for visitation I should fight for custody instead as he is constantly being used as a weapon against me

Thank you in advance

 

[Peanut 21]

Welcome @Jrlee87
It sounds like you have cafcass on side which is great.
It's awful you haven't seen your son in so long.
They should have recommended a contact centre in the interim stages.
This would be a good next stage to reconnect with your child.
It's nonsense your son saying he doesn't want to see you and translates as "I don't want you to see him" by the mother.
100% don't give up.
Have you been a LIP or had representation at hearings?

Ifca sounds positive.

 

[Ash]

Don’t give up. Of course he wants to see you. He is just parroting what his Mother told him probably. And he is far too young for his wishes to be meaningful. It’s really good he remembers playing with you.

I would be concerned that your ex has been abroad twice without you knowing. Can I ask - was she born in the Uk and always lived here? If not - and this is a possibility anyway - you could apply for a prohibited steps order to prevent a flight risk - ie her doing a runner abroad. Having said that she is allowed to have holidays - how long was she away for each time? Thats a tricky one as it could make her more hostile and Cafcass are attempting to get agreement (or at least make her less resistant). They know its better for kids if both parents can accept things.

There’s some info about IFCA here. It’s not something I was familiar with. But it will involve you having some time with your son in a contact centre which is good. It also involves them trying to work with you and your ex to help reach agreement (it says either individually or together) so a kind of mediation maybe.

Improving Child and Family Arrangements (contact centres)

www.cafcass.gov.uk