to ask if anyone has any experience of CAFCASS?

[holikaholika]

And

A) if you were impress d?
B) they took any domestic abuse into consideration?
C) what is included in finding of fact?
D) any advice?

My ex was abusive and I'm due to be in court to discuss our child. He ha severe anger management issues and my son isn't safe around him.

I've heard some real horror stories...

Useless biased towards abusive ex and new manipulative step parent.
Completely steered my child in the other peoples favour.

County Durham

I had a really good family court advisor, saw through my exes bullshit every time, he did not manage to charm her and she could see the damaging effect contact with him was having on the DC
Unfortunately, she left the job at Christmas and the woman who has replaced her on our case is well and truly under exes spell. She has told me today that apparently my sons demeanour changes after contact not because he’s feeling upset about having to see his dad when he doesn’t want to (which he has said to multiple staff, teachers, CAFCASS etc when I’ve not been around) but because he doesn’t want to tell me he’s had a good time with his dad.
Also, after 2 years no contact and then 3 heavily monitored contact sessions in the last 2 weeks - so hardly a true reflection on ex as a parent, dc have even said their dad is being different - they’re now talking overnight visits!!
I just don’t get how one of them could’ve seen what an abusive individual he is and another not see it at all. She got very defensive with me when I pointed out that he doesn’t live somewhere where the kids could sleep, nor does he have anywhere for them to sleep, that the police and social services have said he’s not to come to my house under any circumstances and we have no family in the area to act as a third party- she took that to me being obstructive when I was simply pointing out the difficult nature of our situation for contact to move forward.
I’m feeling really let down and helpless today, my kids emotional well-being is in jeopardy once more and there’s nothing I can do about it

So much depends on the individual cafcass worker, it seems. I don't understand this, as there is good training on the impact of domestic abuse, controlling behaviour etc which lets be honest, is generally caused by men towards women and children.
I stress, I don't mean no women can be controlling and abusive but, it's one woman a week murdered by her ex/partner which suggests men are the major problem.

I've just seen an item on Channel 4 News about a woman driven to suicide by the behaviour of her ex. There were no children involved in that case but the ex partner stalked, threatened, made thousands of abusive messages, breached a restraining order yet no effective action was taken.

I wish I had more constructive comments to make. OP, get good legal advice, google and find a solicitor whose name is on the Children Panel. Keep careful (calm) records, make sure the cafcass person knows you recognise the importance of positive relationships with both parents, providing this can be safely achieved. Can his mother/sister/other relative supervise and support contact. If not, is there a local venue - our Salvation Army run a great centre for contact which is loosely supervised.

OP, I've had professional, rather then personal experience of CAFCASS. Perhaps I've been fortunate but I've not seen the biased side that some posters have seen, I have worked with parents who have been disappointed but not to the extent described in here.
I'd second the other posters who have said about keeping details of events, dates, steps taken etc. Id have a think about any concessions you'd feel could ever make contact safe (eg supervised and by who, or phone/facetime at agreed times, or letters) Many parents say only at a contact centre, without realising that this isn't practical - not everywhere has a local contact centre, most only provide assessment or short term services and most importantly, they're not a great experience for the child (except in specific circs - eg for a parent to bond with a newborn, or a contained space for them to get to know a boisterous kid)

Ultimately try and keep in mind that it's CAFCASS's job to consider the right of your child to know their dad. It's NOT the dad's right to have the child. So your ex could be a scum bag, could be a criminal, could have behaved appallingly, but they will look at whether the child can have a safe relationship with them. Sometimes officers make recommendations for contact knowing deep down that the absent parent isn't likely to stick to it (eg when it's about control) It's not because the officer has been duped, it's because every child deserves that chance and if it fails, they can grow up knowing everyone tried. It's rare for cafcass to recommended zero contact, because the likelihood is a child who doesn't see a parent is more likely to put them on a pedestal, or feel it's an injustice as they get older, and that brings a whole host of issues.

I do hope you have good dealings with them and you get someone you feel has your child's interests at heart.

Cafcass are made up of ex-social workers usually. They listen to both sides and write up reports for the court. If you are in private law proceedings they normally just write the reports but if it's particularly complex the judge can direct that a guardian is appointed - they instruct a solicitor and they represent your child.

Fact findings happen when your allegations are denied by him and there is a need to establish by the court what the court will deal with as "truth" or facts in your case I.e. If the judge finds your ex hit you in front of your child or hurt your child then the remainder of the case has to be conducted that fact is proven and it happened. You will have to give evidence during a fact finding in respect of each of your allegations and he will have to give evidence in respect of what he doesn't accept happened and the judge decides. If you have "evidence" such as a dv worker letter, medical evidence or police evidence -(more than a cad ref-must be caution or higher) and you are on low income you might be able to get legal aid so you have a solicitor to explain all this to you.

My bad experience was when the officer was assigned as my dc's guardian as I would not cooperate in any sort of contact between exh +dc. He took his side completely.

@forallyouknow, Cafcass aren't ex-social workers, they ARE social workers. To be a cafcass officer/guardian you have to be a registered social worker and have significant statutory social work experience with an emphasis on court experience.
Obv with them being employed by cafcass rather than the local authority, they're independent of the local children's services.

I agree with the pp who said avoid county Durham.
They screwed my friend over royally, I can't share too much, but basically her xh was a paedophile and they forced her to send her daughter (from age 3 - 12) to have unsupervised contact with him with horrific consequences

I have recent experience via a friend and similar issues of taking sides and even down to quips to my friend about how they sounded bitter and so on when the reality was that they were being manipulated by the other party (lied to as well). The right of the child to a relationship should not trump the right of that child to a peaceful, unharrassed, unabused life. Even at 14 this childs voice has not been heard and they were manipulated into indirect contact and it all went wrong, Child is being emotionally pulled from pillar to post and relationship with currently absent parent is strained at best. Even then one party is still blaming the other and twisting the truth about matters. CAFCASS have not helped at all, they are not concilliatory and say one thing and do another and yes factual items are incorrectly stated in reports and this has also caused issues. Court does seem to go with what they say despite a child being of an age to have a voice. This one is old enough and smart enough to understand all the manipulation going on and calls it out but its not helping at the moment

Thank you Toms0909- I am aware they require social work qualifications and experience - it's a requirement for the job- their role as cafcass officers is separate to social work for the local authority was my point. They produce different types of reports than a social worker would in a court case, so it's important to differentiate the 2 roles.

Yes and they were horrific. They absolutely loved my salesman, narcissist, abusive, violent ex-husband who charmed them and turned them against me, despite his multiple offences and history of domestic abuse.

This.

Me too.

There is so much research evidence to support the fact that outcomes for children whose parents are separated, are better if the parents can cooperate and avoid hostility around contact. It's obvious isn't it, it's what the majority of parents want and somehow manage to mainly achieve.
The contact / residence issues that end up being referred to cafcass are those where the input of an experienced s.w. could be helpful and most parents reach agreements during the initial discussion process.

I am anxious about the insistence on direct contact, even in situations where there is a history of emotional/physical abuse and where the absent parent has been unreliable, inconsistent and attempted to influence the child. How is the resident parent supposed to manage their own feelings never mind help their children if everything about contact with the absent parent is so highly stressed.

Cafcass worker lied when she did our report. After some of the things she said I was suspicious of her seeming to ‘fancy’ my ex so I slipped a recording device in my sons pocket when they went to their interview.

The report she wrote didn’t match what my son actually said one to one and she flirted outrageously with my ex.

I wanted to make a complaint but you can’t reveal you recorded it or the the next thing you have social services on the doorstep.

All you can do is keep emotion totally in check, tell the truth, don’t even slip up by saying my son always our son and come across as so reasonable you deserve to be a diplomat!

But as someone else said it’s better to try to agree anyway. After being ridiculous for ages my ex then agreed with exactly what I proposed from the start and actually it’s been totally fine, informal arrangements and just being reasonable with each other for 7 years. Didn’t need cafcass, all they did was annoy me and cause further delay.

My Husband had a call with Cafcass last week. He has a child arrangements order and is taking his ex to court over numerous breaches and also a slight variation due to a new job. The arrangement order has been in place since 2016.

The Cafcass Officer insisted on discussing numerous false allegations that have already been discussed prior to the arrangement order being granted 3 years ago. She then stated she would be putting in a recommendation that he does not have his Daughter overnight. He is devastated.

We have clear evidence of parental alienation but each time he tried to discuss this she interrupted and said that it's about his Daughter not his ex but it was all relevant to the point he was trying to make.

The Cafcass Officer also brought her own personal opinions in to the conversation when they butted heads over a certain point. Aren't they supposed to be impartial? She was very one sided and is due to speak to his ex this week.

Nobody seems to be listening to him, everyone seems to be more interested in bringing up all of the ludicrous allegations his ex had made, none of which have ever been upheld.

His ex has even got someone to look at my Instagram (she is blocked) and exhibited pages from it to the court.. How is that in the best interest of her child?!

I can't bear to see him so upset, he is a good Dad and doesn't deserve this. Has anyone ever complained about Cafcass?

CAFCASS have ruined my life. They think they know everything. I lived with my ex and i know him better than her and the judge. If he was so flipping wonderful and kind and everything he portrays himself to be i would NOT, i repeat NOT have left. Why do they think we want to have a relationship broken and end up in the hell of family court. I am so depressed. I wish i never left. I would be able to care for them at all times. Most abusers that pay no interest in the child .... will take you to family court. Then all their fb posts and whatsapp posts are about winning. It is not a game. They can trick everybody. You keep hoping that someone will see through them ( like your friends did when they thought oh please dont go out with them, or dont put up with that. Well you go to family court and the judge WTH is going on ??????? Thought he was flipping wonderful. If he was that flipping wonderful i wouldnt have left. I wanted a happily ever after like my parents, aunts and uncles, grandparents. All my family members have stayed together happily for 25, 30 years and counting. I have hit rock bottom.

Sometimes people grow apart and its sad but if they can be friends great.

sometimes you can end up with a total beeppppppppppp and think dam maybe i should have stayed.

Family courts are hell and its pretty much contact at all costs. If anything happens to your little ones, well .... they will just think lesson learned.

So sorry to hear that you're feeling like this. It Is so hard when CAFCASS just make everything worse. So shocking.

I know cos I've been there too. But, I was advised that CAFCASS are not supposed to make recommendations based on disputed facts. It's shocking that they do. But you have the right to appeal and challenge them when they f'''k up like this.

Cafcass is a shockingly incompetent organisation all the way through. I wish I could explain the extreme prejudice and dishonestly to you, but I am completely up against it with them and can't write in detail. My children and I have experienced domestic abuse too, however this isn't considered significant by them and it's their interpretation which is what the court relies on and this is my point, it's THEIR INTERPRETATION which has resulted in the support of false allegations against me which were raised by the unstable perpetrator of abuse and it has gathered pace to the point where they have made moves to contest where my children live. Their residence was never an issue as he wanted the children to stay with me because he is an unfit parent. Yet cafcass decided that they will pursue me for alienation and do not even submit reports that THEY have requested from the schools showing that they children are happy and progressing well. The reason they don't do this is because it conflicts with their viewpoint. They will use every opportunity to follow their perspective only, ignoring anything positive about the non abusive parent. The judge just goes along with it because everyone quotes cafcass as having the professional opinion.
It is beyond repulsive, I have acted in person in court, whilst he has the money to be represented. However he doesn't need representation any longer because Cafcass have taken on this task and he can now just sit back and watch.
All I can say is:
I. DO make your complaint, it won't be dealt with fairly but it's the only gateway to the next level of complaint with the ombudsmen who are independent. I am waiting for this currently but can't act due to delays with the general election which prevents the MP being able to sign off the referral to the ombudsmen.
ii. send a fitness to practice complaint to the regulatory body for social workers. It's now with Social work england. I don't know how effective this is as they are only just taking this process on, previously Hcpc.
iii. get representation in court. At the level I'm at, it's impossible to be heard, I managed up until cafcass submitted their latest report and only let me see it minutes before going into court, but now their false allegations have escalated so much, I will now probably have to go into debt to get a barrister.
If your complaints have got nowhere prior to the final hearing, or even if they have, you WILL need to get cafcass cross examined by a barrister and hope that their failings come to light.
This is all I can advise. I have never been through so much intense prolonged stress, yet if I declare that, it will add to their allegations about my parenting capacity, despite holding down a job, full custody of 3 children, one of whom has a disability and yet are all thriving now that we have been freed from the abuser. Whereas HE is a drinker, history of instability and abuser at all levels can claim victim status and gets it.
It's utterly corrupt and the failings are catastrophic.
I never normally post on forums, but I hope that my advice may help someone.
Take care.

fighting - this is shocking. I'm so, so sorry that they're putting you through this. And, sadly, you aren't alone - me and others have experienced just how incompetent they are. (Even my abusive ex was taken aback by their recommendations!)

Wishing you lots of luck and hoping you get the support you need.

In have had a positive experience of Cafcass, she saw right through ex from the start. She also listened to the school and what they had witnessed. He did still get contact but the very very bare minimum with no holidays/overnight. I have heard some horror stories but it is perfectly OK to complain and most certainly would. Good luck OP.

*Yes and they were horrific. They absolutely loved my salesman, narcissist, abusive, violent ex-husband who charmed them and turned them against me, despite his multiple offences and the history of domestic abuse.

This*

Me too! Exactly this.

Horrific time with mine whose name began with a W. I couldn’t have been more open and honest, and he was awful.

I often think about writing a letter of complaint even though it was nine years ago - I was too mentally drained at the time.

As a current FCA with CAfcass I would share your cocnerns about some of my fellow FCA. They fail to follow operational procedures set out in the operating framework document. They sometimes do not see children, they don’t use the CAfcass domestic abuse pathway or the neglect pathway when assessing situations. If there are issues of domestic abuse they should complete the what we need to know tool, the safe contact tool the control and corrosion tool but most of them have never heard of these practice advices. You would be within your right to ask them to show you the tools.