Received a CAFCASS letter and court

[Lublyjubly1]

I am writing on behalf o f my sister who is devastated.

She's single handedly bought up her daughter since she's was 1 year old. All the way until she is now 11 years old. They both out from a rented property as they split from each other.

He hasn't supported his daughter financalially and never once approached them in the 10 or so years for contact ( he knows where the family home is ). So technically hasn't had any relationship. He is on the birth cert.

The mother has an issue at this stage because she doesn't known how the little one will react to this and whether she will safe with the estranged father ( there is no grounds of safety issues here btw). It's only because he's been away from them this long. Also as he is an indian heritage. His English is poor and the daughter can only speak English so therefore there is a language barrier as well.

So she has a CAFCASS phone interview booked . What should she expect from this call ?

And what her rights ? She isn't coping with this well at all.

Also in terms of legal representative . That seems to be an expensive route. Could she represent herself in court. She works part time.

Thanks

[prh47bridge]

The court's primary concern is the child's best interests. At 11, her views will be a significant part of the decision but won't necessarily be decisive.

As there has been no contact for 10 years, any contact awarded by the court is going to be limited. It is likely to be indirect contact initially (i.e. letters, emails, etc.) with a view to moving to direct contact over time. He certainly isn't going to get overnight contact immediately if he hasn't seen her for over 10 years.

CAFCASS assist the court. They will interview both parents and the child then produce a report for the court with recommendations. They will be trying to ascertain the child's wishes and feelings. They will also be looking at the ability of each parent to meet the child's needs along with a number of other factors. Note that CAFCASS do not make the final decision. If your sister disagrees with their recommendation she can argue against it in court.

She can represent herself in court if she wishes.

[Stevee58]

My son going through a divorce and child access. Contacted his sons nursery asking if there was any reason why his son could miss a day so that he could spend longer with him on half term. The nursery contacted the mum and never replied to him. There is no court orders no safety issues uses no orders restricting access to the children or his estranged wife. No violence no criminal record. Was the nursery breaching confidentiality / date protection.this was a private e-mail.what right does the mother have to have all contact from the father directed to her.?

[FenellaVelour]

CAFCASS assist the court. They will interview both parents and the child then produce a report for the court with recommendations. They will be trying to ascertain the child's wishes and feelings. They will also be looking at the ability of each parent to meet the child's needs along with a number of other factors. Note that CAFCASS do not make the final decision. If your sister disagrees with their recommendation she can argue against it in court.

At this stage all Cafcass will be doing is interviewing both parents by telephone, gathering information from police and social care, and then writing a “safeguarding letter” to the court which will summarise any relevant information from police and social care, what the parents want to happen and any welfare concerns raised, followed by an analysis of any safeguarding concerns the court will need to consider together with some initial recommendations.

Unless there are welfare issues raised, they are unlikely to do more than this, and will not see the child unless further assessment is needed, the court will decide whether this is necessary.

Your sister needs to note down what her concerns are about her daughters father wanting to re-establish a relationship and what she feels would be in her daughter’s best interests and why. It has been a very long time now without her seeing him, so there’s effectively no relationship there. So equally her father will be having to explain why he wants to see her now and why he feels coming into her life after all this time is in her best interests.

[Marley040783]

The phone calls are daunting but as long as your sister is honest , gives facts and concerns she will be fine, the phone calls are what happened in the relationship, any violence, just background information really.

[MrsBertBibby]

The CAFCASS website has lots of information

www.cafcass.gov.uk/grown-ups/parents-and-carers/divorce-and-separation/

[JuanSheetIsPlenty]

They will also be looking at the ability of each parent to meet the child's needs

Meet the child’s needs? I can’t see where the father is requesting the child live with him. There would be absolutely no question of assessing his ability to meet the child’s needs at this stage. No court would countenance a child being removed from their primary carer and placed with a parent who has been 100% physically, financially and emotionally neglectful for ten years.

[JuanSheetIsPlenty]

Also there would be absolutely no question of assessing the mother’s ability to meet her needs. Residency won’t be in question here.

[slipperywhensparticus]

Why is it going to court not mediation first?