To be worried about CAFCASS Section 7

[Userlpmbuhc189764]

Separated 18 months ago - originally agreed 50/50 custody. Exh was emotionally abusive to me but nothing ever reported or no record of it anywhere.

I applied to court to take the children on holiday as he wouldn't agree (DS 10 and DD 11). He has now submitted a C2 application asking the court to make an order on a shared care lives with order for DS (he does 50/50 with his Dad) and a 'have contact with' order for DD.

DD refuses to see him alone and describes his behaviour as the reasons for this. Has given me 3 specific incidents where things of happend and is now saying she is frightened to be alone with him.

I have been facilitating contact between them for 12 months and have now been advised by my solicitor that a section 7 will be ordered based on his application. He used words that said his attempts to establish contact have been rejected.

She is very clear with me she doesn't want to see him and will not go with him alone.

Just feeling a bit worried by it all!!

At 11 your DD's wishes will very much be taken into account, so don't worry about that !

Depending on exactly what the court has asked for they'll likely ask the school regarding how she's "presenting" which means whether she's turning up brushes and groomed, in clean clothes and generally ok, or whether she's turning up in unwashed clothes and unkempt, asking for food because she's hungry and unfed etc. Whether she's settled and socially ok, is whether she's showing signs of any issues at home (your Daughter might well be showing signs of being less anxious and more relaxed since your separation and now she is no longer seeing him).

They'll also want to speak to your Daughter, and a good CAFCASS officer will do this in school or a neutral place, to minimise influence from either parent. They'll all about whether or not she to see him, and why, and about how things were when he was around. If she has valid genuine reasons why she doesn't want to see him then this will very much be taken into consideration.

I think a Section 7 will very much be in your interests and if everything you've said here is not biased and reflects the situation accurately then you have absolutely nothing to worry about and he'll probably be in a much weaker position as a result of it. I've been through the child access merry-go-round twice now with my partner trying to get access to his Daughter with his ex wife. It's a horrible stressful process, but I really can't see any Judge awarding 50:50 to a parent who's child of 11 doesn't want to see him with their own valid reasons. Not a chance.