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Undermining a section 7 report

Pj66

Pj66

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Does anyone here have experience in undermining a section 7 report?

I understand the process is to cross examine cafcass at a final hearing, but I would like to hear other people's experiences and also if they had a spends time with overturned to a lives with order at a final hearing.

How do you approach a section 7 DRA hearing with cafcass if they are not ordered to attend? Will judges/magistrates never move from a section 7 recommendation for interim unless ex agrees? Or is it possible to put forward some objections at the DRA pending the final hearing to see if they would go against some of the recommendations, particularly with relation to stepped arrangements increasing time with your child.

I have not had the full report back yet, but from what I'm being told, it seems ex has got their claws into cafcass and I am rather shocked at what the officer is saying in terms of stepped arrangements with progression to a final order. Avoiding conflict has been my primary goal but it seems all exes do is feign conflict and can't win either way, as such, feel my case has been labelled this way despite my best efforts. I feel the FCA is siding with ex to cover up for her behaviour so far. Is it more often than not the court will not deviate from a section 7 even if it has significant flaws? Just want to know what I should prepare for whether it's an impossible task or not.

Any experiences people can share of their section 7 results and how they proceeded would be appreciated and encouraging.
 
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Morning both

My experience was mixed and somewhat inconsistent and confusing.

I felt my s7 was fairly positive but my barrister didn't agree.

She used the term 'id have no objections to midweek overnights' so she was sorting of sitting on the fence.

At our hearing we pushed for 2 overnights and on the way out of court that day the officer said "that's what I've put in my recommendations" which she hadn't.

At final hearing I was told on the morning. That CAFCASS were going to recommend just the one overnight.

The report was flawed and we had lots of questions for her.

We never made it to cross examination and I ended up with both overnights.

So my answer would be yes and don't know


My barrister was very clear that magistrates like to have their hands held and rarely go against CAFCASS recommendations.

I think I had a combination of a flawed report and an ex who had the unravelling of her lies to defend.

I don't know if the courts would have shifted more towards me. I do know that the barrister was the most important person in my life for those bearings.
 
nothernsoul said:
Morning both

My experience was mixed and somewhat inconsistent and confusing.

I felt my s7 was fairly positive but my barrister didn't agree.

She used the term 'id have no objections to midweek overnights' so she was sorting of sitting on the fence.

At our hearing we pushed for 2 overnights and on the way out of court that day the officer said "that's what I've put in my recommendations" which she hadn't.

At final hearing I was told on the morning. That CAFCASS were going to recommend just the one overnight.

The report was flawed and we had lots of questions for her.

We never made it to cross examination and I ended up with both overnights.

So my answer would be yes and don't know


My barrister was very clear that magistrates like to have their hands held and rarely go against CAFCASS recommendations.

I think I had a combination of a flawed report and an ex who had the unravelling of her lies to defend.

I don't know if the courts would have shifted more towards me. I do know that the barrister was the most important person in my life for those bearings.
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Morning Northernsoul

I have a final hearing coming up in January and am looking for a good barrister to represent me and undermine the flawed S7 report.

Can you please DM your barrister's details?

Thanks
 
Pj66 said:
Does anyone here have experience in undermining a section 7 report?

I understand the process is to cross examine cafcass at a final hearing, but I would like to hear other people's experiences and also if they had a spends time with overturned to a lives with order at a final hearing.

How do you approach a section 7 DRA hearing with cafcass if they are not ordered to attend? Will judges/magistrates never move from a section 7 recommendation for interim unless ex agrees? Or is it possible to put forward some objections at the DRA pending the final hearing to see if they would go against some of the recommendations, particularly with relation to stepped arrangements increasing time with your child.

I have not had the full report back yet, but from what I'm being told, it seems ex has got their claws into cafcass and I am rather shocked at what the officer is saying in terms of stepped arrangements with progression to a final order. Avoiding conflict has been my primary goal but it seems all exes do is feign conflict and can't win either way, as such, feel my case has been labelled this way despite my best efforts. I feel the FCA is siding with ex to cover up for her behaviour so far. Is it more often than not the court will not deviate from a section 7 even if it has significant flaws? Just want to know what I should prepare for whether it's an impossible task or not.

Any experiences people can share of their section 7 results and how they proceeded would be appreciated and encouraging.
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I’m in exactly the same boat. It’s uncanny how similar our experiences are. I’m interested in the response.

I was reading a research article by Edward Kruk and it talks about how widespread (and effective) feigning and exaggerating conflict is for the “resident parent” as a means to maintain control.
 
nothernsoul said:
Morning both

My experience was mixed and somewhat inconsistent and confusing.

I felt my s7 was fairly positive but my barrister didn't agree.

She used the term 'id have no objections to midweek overnights' so she was sorting of sitting on the fence.

At our hearing we pushed for 2 overnights and on the way out of court that day the officer said "that's what I've put in my recommendations" which she hadn't.

At final hearing I was told on the morning. That CAFCASS were going to recommend just the one overnight.

The report was flawed and we had lots of questions for her.

We never made it to cross examination and I ended up with both overnights.

So my answer would be yes and don't know


My barrister was very clear that magistrates like to have their hands held and rarely go against CAFCASS recommendations.

I think I had a combination of a flawed report and an ex who had the unravelling of her lies to defend.

I don't know if the courts would have shifted more towards me. I do know that the barrister was the most important person in my life for those bearings.
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May I ask what the rationale you gave was for 2 midweek overnights? For me it would reduce unnecessary to-ing and fro-ing and move handovers to school rather than the doorstep. And our (young) child is demanding more time. But Cafcass are unmoved.
 
dailysysadmin said:
I am due my first S7 interview in a few weeks, would like to hear about recent experiences as well. Good luck Pj66.
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I was advised to inform the Cafcass worker that you will be exhibiting evidence to the court to support everything you say. That way the FCA will take fewer liberties with the truth.

I should say though that it didn’t work at all and the report just repeats unsubstantiated hearsay from the other party as if it were fact.

The other key advice is to avoid criticism of the other parent. Although this is challenging when the entire focus of the interview is allegations levelled at you, and in order to defend the allegations it can sometimes be necessary to criticise
 
BigLes said:
May I ask what the rationale you gave was for 2 midweek overnights? For me it would reduce unnecessary to-ing and fro-ing and move handovers to school rather than the doorstep. And our (young) child is demanding more time. But Cafcass are unmoved.
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I applied for a 2255 order from the very beginning.

Rationale was that it was what the children knew from birth, her attempts to eliminate me from their lives, education etc.

My son, during the s7, expressed a desire to spend more time with me.

I don't think any of it mattered. All of her accusations were taken as fact and the officer even suggested I complete anger courses.

It's a disgrace of a process.

I can't say it enough but my entire case came down to my barrister.

When push came to shove, though I had truth on my side, without the barrister I'd have got a poorer outcome.
 
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