Cafcass/Court Hearing

[ConfusionAndDelay]

Desperate for some advice and to hear from anyone who may have been in a similar situation..

We have 50:50 care of my step daughter with a Shared Residency Order. My husband got a Prohibited Steps Order last month after step daughter accused her mother of assaulting her. Police have since decided not to prosecute and Children's Services state they are not concerned about systematic abuse but that the current 50:50 care could be unsettling for her.

Wen we got the PSO a hearing was set for next month. It's inly booked for 15 mins. Will this hearing just e to decide if the PSO is needed any longer (it's not really) or can we discuss the future residency pattern for step daughter and have a new order made or will the old 50:50 Shared Residency Order automatically continue once the PSO is discharged.

Step daughter has admitted er mum regularly hits her and gets angry. She has been a different child since she has been here constantly for the past 6 weeks and seeing her mum rather than doing 50:50 (she's 7). She more confident, stopped wetting the bed, behaviour has improved and her relationship with her half siblings is much better. Last term at school her in stopped helping her with homework, refused to take her to her dancing lessons, stopped her attending brownies etc (well she would attend but only when her rota'd days fell with us) she was late for school nearly every day her mum took her in the last term. It appears she struggles with school days and having DSD half ther time.

Cafcass have called asking DH to call them back to talk or email them before the hearing. DH feels DSD is much better off here as her main home and with her mum alternate weekends, for tea once or twice a week term times and half of holidays- or similar. Does he put these proposals and reasons why to the Cafcass officer? I've heard awful stories about people's experiences with Cafcass- someone reassure me they aren't all true and generally they are fair and just and not biased towards Mothers.

So worrying. We have no representation and chances are that DSD's mum will have a Barrister so DH is already apprehensive about Court and wants to do the best with Cafcass for DSD's sake.

[mumblechum1]

Nothing long term will be decided in the 15 minute appointment. The purpose of the appt is to hear what carcass has to say if anything and your dh may be asked to speak in a separate room with carcass and his ex to see if they can narrow the issues. In the court room itself ( which is just a normal room with everyone sitting round a table), the DJ will listen to your dh and his ex's solicitor about what evidence is needed and whether there's a need for an interim contact order.

The DJ will probably order statements from your dh and his ex, and for carcass to file a report. The order may then go on to specify what contact is to happen and may revoke the PSO. It will specify a timeline for the evidence and a date for a further hearing.

If I was acting for your dh I'd be asking for a "re L" hearing ( google it).

You won't be allowed in the court room btw.

[ConfusionAndDelay]

Thank you so much.

A Re L hearing is a fact finding from what I understand.

So even though Police have decided not to prosecute her for the assault it may still be considered relevant to the Judge/residency arrangements and ok to raise in a fact finding?

DH's ex has emailed him and said her solicitor told her that as the Police decided not to prosecute it is most likely the Judge will order the Shared Residency Order is immediately reinstated and 50:50 residency continues right away.

[inthename]

If the hearing is about the PSO, then that is all they will discuss and its impact on the current shared residency order.
They would not make a new order, so the decision will either be to go back to the old one or keep things as they are.
If the judge decides that the best interest of your step daughter is to leave things as they are then an 'interim' arrangement could be made. This doesn't dissolve the original shared residency but shows that there is a change.
Can I just ask if the original 50:50 order was made before April this year as all of this comes under a 'child arrangment' order now rather than the previous bits of residency and access.
I'd suggest he contacts the cafcass officer and finds out what they wish to know, as it can indeed happen that 50:50 is reinstated immediately and cafcass are very important in family courts.

[ConfusionAndDelay]

Thanks for your reply. The Shared Residency Order was made pre April 2014 so is a SRO rather than a Child Arrangements Order.

Cafcass have been in touch and sent out their safeguarding report today. I thinks it's called that- basically it's quite short, just lists all the accusations from each side. His ex is claiming we don't care
for his daughter very well, claiming DH and me are BOTH suffering with Bi Polar AND Personality Disorders (we don't by the way) and that we are abusive towards her. She's now thrown in that she was a victim of DV when they were together (5 years ago!) but she didn't ever report it to Police or ever mention it before now! She wants 50:50 residency to be reinstated- which is hilarious given her serious allegations listed above.

So. Cafcass have made a list of recommendations to Court. They haven't recommended the Shared Residency Order is Reinstated but have recommended ex needs some
contact to be arranged. They've asked for a Section 7 report to be done- which I believe is the full report which will basically decide our fate and that's the one which will recommend long term arrangements in the child's best interests.

It's horrible being accused like this. Not sure what we can do to prove it's all lies- getting a report from our GP stating we do not have Mental Health Problems is the only thing I can think of.

[inthename]

You really don't need to prove anything. If the judge thinks her ramblings warrant further investigation they will ask for the information they need.
As an example, ex took me to court 4 times as he 'wanted' ds.
He told judge that because I had an injury at the time I was physically incapable of looking after ds, the judge asked him if he really wanted to get involved with disability discrimination laws.
Her statement is just that, a statement of how SHE sees things, not fact. Its very important to remember this as otherwise you start running round like headless chickens tryjng to disprove things and then miss the important bits.
Sit down, calmly read through her statement as if it is about someone else, try to remove your quite natural emotion response and read what it actually says.
You'll find that amongst the mud slinging is a request to reinstate contact and not much else.
A section 7 is a full report where cafcass meet with both parties and file a full report, this report carries a lot of weight, but is essentially trying to get past the mud slinging.
Hope that helps, emotionally court is dreadful, but if your dp remains calm he stands a good chance of being listened to.

[ConfusionAndDelay]

Thank you, your post was reassuring! X