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When a judge goes against Cafcass report

(6 Posts)
ishapp1 Sat 20-May-17 21:11:01

So yesterday was the final hearing, I was convinced the judges will go with the recommendations that the Cafcass officer suggested... I searched the net far and wide and it was disheartening to see that it was rare for judges to not go with Cafcass report, I gave up the hope of ever being a full time mum to my kids...
At the beginning of the the hearing, my ex's barrister crossed examined the Cafcass officer in less than five minutes with 3 questions
1: why didn't you press the children more for why they want to be back with mum?
2: why are you recommending our client to go on a course for his abusive behaviour?😩
3:how long would the course take and where?
My barrister spent an hour cross examining the Cafcass officer, I lost count of the number of questions, she was forced to refer to every evidence in the bundle that she had initially refused to look at ( this officer knew I was self representing myself in previous cases so she was not expecting this for sure, she took advantage)
When my barrister rest my case, the judge looked at the Cafcass lady and asked? So Miss...., would you agree with mother's council that had you looked at all these evidences and investigated her side more thoroughly the outcome of your recommendation would have been different from the one you proposed for children to continue living with dad?🤔 She shamefully replied... Yes😒 I would have made a different recommendation🤗
So I am officially part of the few that got lucky to have a judge throw the Cafcass officer's report out and order a different Cafcass officer😳
Children would also have a 16.5 guardian ad litem. I get more contacts with children unsupervised and moving to weekends and half holidays until next final hearing...

So for anyone out there who is facing the problem of a biased Cafcass officer, just go through every paragraph and dissect each error, I was lucky that everything she lied about I had a piece of paper to refute it, my solicitor didn't advice me on getting more evidence but I made it my business to cover all areas eg Cafcass officer like I predicted would lie in court that she exhausted all resources to come up with her conclusions ... She never contacted kids previous school to check their previous attendance, wellbeing, progress or the support they would receive if the judge was to order the kids to come back to me😶 She lied that she contacted the school before my barrister slapped her with a letter from the school that I collected from the school on my way to the hearing that confirms she didn't make no contact😝 That was the moment she realised... damn this woman was right when she told me at our meeting that she would do all she can to get her children back🤗

Starlight2345 Sun 21-May-17 09:17:32

I love this story. I was really lucky with CAFCASS officer ..This is not how it should be.

I am afraid that far to many abusive ex's are just believed by CAFCASS.

The CAFCAZZ officer told me the judges do not have to follow their advice but rarely don't/

bettycat81 Sun 21-May-17 13:51:14

So pleased it's now going in the right direction!

ishapp1 Sun 21-May-17 16:40:40

Starlight2345 so true... She also became a victim of my ex because am sure her managers are not going to be happy that now not only are they going to find a new officer🙄 They also have to fund for a guardian ad litem. Problem is my dd gave her reasons why she wanted to be back with mummy, which Cafcass officer lady was happy to tell me but didn't say it in her report... She said in her report that when the child was asked in interview who she wants to live with she said she wants to live with mum but didn't say why😩 So does that mean I was also victimised by her🤔 Telling me one thing and refusing to add to report because it would weaken the strength of her recommendations🤐 Blimey the system is well an truly abusing those that trust them to make a better judgement...

I have lost hope in the morality of authorities.

mlp3282 Thu 25-May-17 14:42:41

I hope that happens to me. Despite so much evidence my manipulative ex won cafcass over despite her telling me he was narcisstic! Final hearing tomorrow and she is recommending I don't even see my children on Christmas Day! She is recommending the children stay overnight in a very loud house going to bed at midnight with four adults and two children in a 3 bedroom house and she thinks this is best for the children? With school the next day? WTF? Cafcass are a liability.

ishapp1 Thu 25-May-17 20:48:25

@ mlp3282... It is hard when these professionals don't realise how they become victims of these narcissistic abusive men, it took me four years to really understand the abusive nature of my ex so it not easy for a stranger who only spends an hour interviewing them to spot this. but you expect an organization such as cafcass, who are helping make a decision about the life of a child to be trained to spot these behaviours and not to allow themselves to be sucked in by these bullies but the are not. in my case the cafcass officer is more ignorant than anything as she spotted this but still recommended children to stay with him just because he has the status quo for 5 months ( I had the status quo for 3 years before he forcefully took them from me ) how can you compare the two?

I would advice you to take all documents of proof with you to the hearing, my solicitor told me it was too late to put in new evidence but I took them with me regardless eg school letters, rent contracts, pictures of my house and they all came in handy as I now know my ex very well. when he realise he had lost the my mental health card he told judge I was homeless and as am expecting another baby he was worried children would not have enough space where I live with strangers. his lies proven as he thought just because he's claiming children's benefits now he thought I wouldn't be able to afford my rent. I have more savings than him but I didn't take on a solicitor or barrister until final hearing so he thought he was smart paying for 4 hearings which didn't go anywhere and thought I must be broke. I live in a 3 bed house which am paying for out of my pocket and I rather that than pay for a solicitor and be homeless because then I wont have the chance to even have them overnights.

as a student I used my little experience and wrote my statement and put together all my evidences without the help of a solicitor and when the section 7 report arrived I spent 4 hours listing over 20 factual errors and this was sent to my barrister and she worked with it in court. to be honest all my barrister did was talk on my behalf as I did all the work and because of this her firm has given me a good discount for up coming hearings. I have legal help now that it really matters so I hope the child benefit and tax credit he's receiving would cover the cost of the 5 hearings so far that he has to privately pay for to get legal help.

you have to be one step ahead of them at all times, let me know how you get on in court tomorrow and I wish you the best of luck and I hope you get to have an outcome that works in your favour.

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