well, finally seen my section 7 report. Glaring omissions and inaccuracies, but in fairness, seems to understand and recognise that my ex is a lying toad and has taken a hand in turning my child against me. The report recommendations are,, well there aren't really any, its a case of , see what happens,, sort of thing. I now have to write a response to it, are there any templates for this sort of thing ?
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section 7 result
- Thread starter NewcastleBrownAle
- Start date
Is the response a Position Statement in response?
If it is, you can use a general PS template.
I would notify Cafcass of any inaccuracies, including omissions which create an inaccurate impression/record. They should make any revisions necessary to ensure the report is 'factually' accurate.
In my view, the response should find all points of agreement and then build upon them to any conclusions you want to add, or make differently.
If it is, you can use a general PS template.
I would notify Cafcass of any inaccuracies, including omissions which create an inaccurate impression/record. They should make any revisions necessary to ensure the report is 'factually' accurate.
In my view, the response should find all points of agreement and then build upon them to any conclusions you want to add, or make differently.
the court order is to respond to the report and state my suggestions moving forward.
Is this actually the best road to go? I've heard on here that there is no point in bothering bringing it up directly with cafcass as you would just be seen as being difficult.
Rather , oppose the section 7 reports key errors in your statement, and have your barrister cross examine the officer at the contested hearing.
In a complex case like mine, the CAFCASS officer has done a reasonable job in the report. Clearly stating that the allegations lack evidence and there is clear evidence of parental alienation. The email states that I should reply and state any factual errors for amendment, note this is factual errors rather than "I disagree with.." etc. There are some factual errors, for which I will reply and state them. But will make my court statement based on the original report.
Overall, it is a far better report than I was expecting. I was fearing the awful reports that some people have had on here and I'm counting myself lucky that mine is not that bad.
Also noted, that the CAFCASS officer doesn't recommend a fact finding session - "due to the lack of evidence" to support the allegations. This seems a bit strange to me, as I wanted a fact find, so that I could show the court who the real victims are and for them to dismiss the domestic abuse stuff as purely a smoke screen and a crude attempt to garner sympathy ( and legal aid). But the cafcass officer has seen through it, so why not give me the chance to kick it into touch completely?
Overall, it is a far better report than I was expecting. I was fearing the awful reports that some people have had on here and I'm counting myself lucky that mine is not that bad.
Also noted, that the CAFCASS officer doesn't recommend a fact finding session - "due to the lack of evidence" to support the allegations. This seems a bit strange to me, as I wanted a fact find, so that I could show the court who the real victims are and for them to dismiss the domestic abuse stuff as purely a smoke screen and a crude attempt to garner sympathy ( and legal aid). But the cafcass officer has seen through it, so why not give me the chance to kick it into touch completely?
yes, a fact find makes things drag on, but will be really good to see her claims dissolve completely. My view is that if the court wants make inferences based on domestic abuse, then it needs to be proved, one way or the other, and if they can't, then they should be dismissed and ignored.
Mate.
Seems to me that the people who matter do not care for her claims, therefore mate, not should you.
If it's all trending in your direction keep that momentum.
What is it you think you will achieve by pushing for a fact find? It's essentially already been thrown out so I'd let it go and move forward rather than sideways.
Seems to me that the people who matter do not care for her claims, therefore mate, not should you.
If it's all trending in your direction keep that momentum.
What is it you think you will achieve by pushing for a fact find? It's essentially already been thrown out so I'd let it go and move forward rather than sideways.
The report makes inferences to domestic abuse and coercive control in the interests of child safety, which is understandable, but if an inference of an allegation is made without presumption of innocence, then the allegation needs to be investigated at fact find to ascertain whether on balance of probabilities, they are true, or they are false. Bear in mind the total lack of evidence , it is important that these allegations are substantiated or dismissed. Hence a fact find??
My S7 report had recommendations made based on the mothers allegations as being true without any evidence. I have a FF and final hearing rolled into one.
Once the allegations are proven false, the recommendations will need changing.
I'm confused.
It sounded like you were pushing for a fact find when one has been deemed unnecessary by the courts.
It sounded like you were pushing for a fact find when one has been deemed unnecessary by the courts.
I think it sounds positive and basically no need for a fact find as Cafcass has determined that your ex is alienating. They have left recommendations open for the court to decide, based on the damning Section 7. I can't see the point in an expensive fact find hearing - if it was 2 days it would cost you the earth - when you could go to a final hearing, with evidence and have a barrister argue for residency with you.
The response will just be via a brief position statement - no need for any templates. It could simply be that you agree with the Section 7 report. Unless any inaccuracies are glaringly relevant to the fact your ex is alienating your child, I wouldn't raise them - ie don't poke the bear with a stick. It might get the Cafcass officer's back up and they could change other things!
The response will just be via a brief position statement - no need for any templates. It could simply be that you agree with the Section 7 report. Unless any inaccuracies are glaringly relevant to the fact your ex is alienating your child, I wouldn't raise them - ie don't poke the bear with a stick. It might get the Cafcass officer's back up and they could change other things!
Ash, I've PM'd you. I have to admit I was rather surprised by the report. I've heard some real horror stories on here.
Exactly what Ash says mate.
You've navigated a potentially damning part of the process perfectly. It just doesn't make any sense to give anyone a chance to find in the mother's favour.
I understand the personal attack on you feels like it needs addressing but it has. The courts have dismissed the allegations, as have CAFCASS.
You're in a strong position to move forward, don't go backwards.
You've navigated a potentially damning part of the process perfectly. It just doesn't make any sense to give anyone a chance to find in the mother's favour.
I understand the personal attack on you feels like it needs addressing but it has. The courts have dismissed the allegations, as have CAFCASS.
You're in a strong position to move forward, don't go backwards.
CAFCASS say there is no evidence, and a fact find is not required as there is no evidence, but still makes inferences about them. It also means that she can continue with the allegations, where as a fact find will be quick and easy and completely bin them. Otherwise, the risk is that I wont get a good meaningful relationship with my child, as the court will be concerned about allegations that are not proven but not dismissed.
Hi, seems your S7 went ok. Please avoid fact find if u can, its not worth it. You will only end up spending alot money without gaining anything. Even if your ex has lied so many times, she would be excused with "Lucas Direction". Seen a lot of cases where this "Lucas Direction" is used to give them soft landing during fact finding.
Thing is, I have so much evidence from a variety of sources, of such high quality , that they really show that the allegations are false, where as in contrast, the ex has nothing at all. The risk is that she would argue for indirect contact due to domestic abuse unless I address the allegations head on.
The ex has nothing at all, so it may even be that her own legal council will not get legal aid funding as no chance of proving them.
The Lucas direction will not really have any bearing on my case - I don't need to show she is lying, I just need to show that the allegations are materially untrue, which I can do.
"The risk is that she would argue for indirect contact due to domestic abuse unless I address the allegations head on." Fair enough if this is the motivation. Also try to get legal adviser on that.