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ExP won't accept CAFCASS report

(3 Posts)
ItsDecisionTime Wed 18-Sep-13 16:30:57

Latest update on our never-ending contact order saga is that a second wishes and feelings interview took place with my DD, 12, as my ExP would not accept the outcome of the first interview back in 2011.

Surprisingly, he won't accept the outcome of this one either.

We were due to have a directions hearing tomorrow to determine whether DD needs to be represented separately but the recommendation from CAFCASS is she has been able to articulately, maturely and forcefully say what it is she wants and both solicitors agree that the judge will more than likely follow the officer's recommendations which more or less back up what DD is saying.

DD has moved her position from not wanting any contact at all with her father (he lives overseas and sees her rarely) to being persuaded to see the benefit of spending some time during her holidays with him. He absolutely refuses to come to the UK so DD is digging her heels in saying if she's prepared to travel there for some of their contact time, he should be prepared to come her. He said that isn't open to negotiation so we have a stalemate - again.

My solicitor has recommended we move the directions hearing to a final hearing and his own solicitor has told him he won't get anywhere so might as well withdraw or go with DDs wishes and feelings. He won't and wants a full, expensive, contested hearing. What a waste of everyones time and money.

DD has not heard from her father since June. He didn't send her a birthday card, email or present. He just doesn't call her. I'm so angry about it and just want the judge to see it for what it is and say, "right, this is what's going to happen". Then we can all move on.

DD doesn't want to spend all summer holiday, every Xmas away from her friends and family.

Not sure what to do about this now as it seems to be dragging on unnecessarily and ExP is calling the shots and it's costing me an absolute fortune.

NumTumDeDum Wed 18-Sep-13 16:32:42

Your solicitor is right. The only thing to do is push for final hearing.

lostdad Thu 19-Sep-13 13:16:04

CAFCASS are the eyes and ears of the court and their recommendations are often accepted and made into an order. It IS possible to get these recommendations overturned however.

As your solicitor says however your ex has the choice of accepting these recommendations meaning it is made into an order or contesting it. Should he chose the latter he will have to convince the court that the recommendations are inappropriate - which he can do through his bundle and cross examination of the CAFCASS officer.

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