No CAFCASS report

[WishIWasRimaHorton]

Just been in court today re: residence of kids (aged 4 and 2). The magistrate ruled that there would be no CAFCASS involvement as there are no welfare issues. Does anyone have any experience of hearings without CAFCASS reports? I have to produce my statement; exH does the same. The magistrate then decides who gets what. I had just assumed CAFCASS would be involved, as did my solicitor. So I feel let down somehow - I feel like the fate of my kids depends on an essay we write...

do you feel there are welfare issues tho?

cafcass are expensive and take ages....could add a serious amount of time and money to your case!!

depends what you mean by welfare issues?

• that exH's house is a pit with sh1t all over the toilet seat and grime everywhere in the kitchen - uncleaned highchair for weeks etc? apparently this is not a welfare issue though (solicitor has seen the photographs and it's not hyperdermic needles on the floor so not a welfare issue)

• that exH plies kids with excesses constantly, no down time for the 2 year old so she takes until thurs to recover after he has them for the weekend

• that he never cleans their teeth

it's not the way i would do it - but is it welfare issues?

No. Courts presume children have the right to know and see a parent even if they have short comings. The exception is when there is independent professional (schools, social work, medical, police) evidence that children are suffering significant harm to their health and development or are at risk of significant harm.

Significant harm is when someone is punishing a child too much; constantly criticising, threatening or rejecting a child; not looking after a child - not giving them enough to eat, ignoring them, not playing or talking with them or not making sure that they are safe. The benefits to emotional health of having a meaningful relationship with a parent are usually seen to outweigh the disadvantages you describe so perhaps the judge thinks a CAFCASS report is a waste of time and resources.

In your statement you need to outline the reasons why residence in your favour or shared residence is in the best interests of children.