ADVICE NEEDED - FAMILY COURT

LavaMonkey · 25/08/2023 17:30

Sorry just so I understand, you said your daughter has a guardian.

But then you refer to the mother and theft her.

Are you the mother or the grandmother of the child that has a guardian?

Original poster

Courtnightmares · 25/08/2023 17:35

Sorry. I'm the mother. My daughter has a cafcass guardian.

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NowItsSpring · 25/08/2023 17:36

Try not to panic. If it goes to a final hearing, the psychologist will have the opportunity to explain their report and reasons for the conclusions in more detail. At this point nothing has changed. Stay strong.

Original poster

Courtnightmares · 25/08/2023 17:38

I know xx thank you. But if the cafcass guardian considers contact is ready to progress then doesn't that add significant weight to his case as the court are minded to follow cafcass?

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Hopinghonestly · 25/08/2023 17:44

Courtnightmares · 25/08/2023 17:38

I know xx thank you. But if the cafcass guardian considers contact is ready to progress then doesn't that add significant weight to his case as the court are minded to follow cafcass?

They will trust the verdict of a psycological assesment and psychologist over cafcass.. theyre suggestions are only that and are supposed to put forward the childs wants. If they dont align with the childs wishes the judge may well dismiss it.

Original poster

Courtnightmares · 25/08/2023 17:50

Hopinghonestly · 25/08/2023 17:44

They will trust the verdict of a psycological assesment and psychologist over cafcass.. theyre suggestions are only that and are supposed to put forward the childs wants. If they dont align with the childs wishes the judge may well dismiss it.

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Are you sure though..because the Guardian has highlighted that the psychologist didn't observe contact with either parent and that she has made her own findings beyond her remit. It sounds like she's discrediting her..

I have read the psychological report at length and I can't see any other findings she's made!

The Guardian took my daughters wishes and feelings but all I heard was her talking about her friends and going to the farm!

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ItsNotRocketSalad · 25/08/2023 18:00

Did the guardian mention anything about parental alienation or the psych report being influenced?

Original poster

Courtnightmares · 25/08/2023 18:06

ItsNotRocketSalad · 25/08/2023 18:00

Did the guardian mention anything about parental alienation or the psych report being influenced?

She didn't. The Guardian asked the psychologist about the possibility of parental alienation from the mother's side but the psychologist found the father to be the one alienating..

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ItsNotRocketSalad · 25/08/2023 18:47

I'd be prepared for her to push that angle to the court.

Original poster

Courtnightmares · 25/08/2023 18:51

I just don't know how the Guardian can disagree with the psychologist when it was the Guardians recommendation to have the psychological report!!

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Original poster

Courtnightmares · 25/08/2023 21:33

Bumping x

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Namechangedforthis2244 · 25/08/2023 21:42

I’m not legal so I’m not sure if this will be any help but in your position what I would do is go through the guardian report and look for anything which is a factual inaccuracy (eg if the report says they met your daughter for 3 hours but it was 5 mins) and look for any statement which you think isn’t evidenced (eg if the report says contact would be safe but without explaining where that opinion comes from)
Then I would email both lists, a copy of the report and all of your questions/worries across to your lawyer for after their holiday. They’ll know what the best thing to do is.
It must be so worrying. Good luck 🤞

JanglyBeads · 25/08/2023 21:45

How old is Dd? Does she want to see more of Daddy? How has contact at the contact centre been going?

Original poster

Courtnightmares · 25/08/2023 21:45

Thank you.
I've got a list of follow up questions for the psychologist which my barrister will be asking the court to direct. I also will be asking if the psychologist can observe contact of both parents with DD and then she will provide an addendum report.
The case will definitely go to final hearing..there's no way we'll agree on contact.

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Original poster

Courtnightmares · 25/08/2023 21:46

DD is 5. She has not expressed she wants to see more of him but she does enjoy the contact sessions. They are mostly positive..
She's been going there for 3 years now.

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Namechangedforthis2244 · 25/08/2023 22:05

If she’s been going for 3 years, the sessions are mostly positive and she enjoys them then I’m sure that you have a really good reason for why you are opposing direct contact.

You don’t need to share the reason here but I would ask whether the guardian report addresses the chance of whether that reason could reoccur.

eg If her dad was physically violent towards her does the guardian report acknowledge that there is the possibility that she could feels safe with him but not be safe because she’s too young to risk assess accurately.

I’m not sure if I’ve phrased that very well here but did that make sense?

RedHelenB · 26/08/2023 05:02

The guardian is saying that Father should move away from the contact centre to see his dd , but that the two of you are unlikely to agree about times etc and it will be acrimonious. Has he always turned up for contact sessions?

Magenta82 · 26/08/2023 05:46

Three years in a contact centre is a very long time. There would need to be a clear risk to your daughter for this to continue.

If the sessions are positive what is your objecton to contact moving away from the contact centre?

Have you considered supported community contact as an interim?

Duchessofspace · 26/08/2023 05:53

Courtnightmares · 25/08/2023 17:18

Sorry to post in AIBU I know there isn't much traffic in legal...
I have a Directions hearing coming up and my DD has a CAFCASS Guardian.
We have had an expert psychological assessment where the conclusion was that the father was unsafe and poses a significant risk to both mother and child.
Prior to that we had a fact finding hearing where the Judge found the father to have been abusive to his child and the mother.. findings were also made against mother but not that extent.
The Guardian's position statement mentions she has concerns about the psychological assessment and she would have considered contact was ready to move out of the contact centre but based on the acrimony in the relationship between M and F that it is likely to be extremely problematic.
I don't know what this means..
The psychologist and Guardian have opposing views it seems.
My Solicitor is now on A/L and I have only just received the Guardian's position statement,. my heart is racing.
It says if contact cannot be agreed then it will need to be listed for final hearing with the psychologist attending to give evidence.
How do I not have a melt down before my next hearing....

When you say findings were also found against the mother - what do you mean? Mother was abuse to father or to child or parental issues etc please answer honestly as this seems to be a red flag in terms of minimising……

Duchessofspace · 26/08/2023 05:58

It implies that both parents are abusive to each other instead of 6:6 it’s 8:4 but the real issue is handover and conflict - in which case handover can be through a third party, such as school eg he picks up Friday and returns them on Monday or a paid contact - eg drop off and pick up via a court appointed location. Or it could be a public place eg Tesco

opposing contact if all parties think the risk to child is low - could be taking child out of contact centre initially and then maybe two hours Saturday afternoon, then in a week, four hours, then eight, then overnight, then week - the court if they deem contact is really will aim to bring it up slow but reasonably quickly

Original poster

Courtnightmares · 26/08/2023 07:41

RedHelenB · 26/08/2023 05:02

The guardian is saying that Father should move away from the contact centre to see his dd , but that the two of you are unlikely to agree about times etc and it will be acrimonious. Has he always turned up for contact sessions?

He has missed 2 sessions in its entirety. We're unlikely to agree. I want it to stay in the contact centre and he wants unsupervised.. no middle ground.

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Original poster

Courtnightmares · 26/08/2023 07:47

Yes, findings were made against me that I was verbally abusive and physically abusive to him on occasion..
He was found to be physically and mentally abusive to both DD and me. There was evidence of him assaulting DD at the fact finding hearing.
The risk is not low. He has done no therapy, no courses. Nothing. Yes. Contact is positive with supervision but there is a world of difference when you take the supervision away. DD5 is currently having behavioural problems and even I struggle with her and consider myself a gentle parent who needs to be firm when I need to be.
I'm scared of him temper and I'm scared of him. School or third parties have not been suggested. He doesn't know where DD and I live as we had to flee and relocate. We have no trusted third party either.
I am opposed to supervised contact progressing because its unsafe.. but I am not opposing contact at all, I never have. I just feel DD I'd too young to risk assess if her father loses his temper, there's every chance he could hurt her again.

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