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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Original poster

Bad Cafcass Rerport

6 replies

farley62 · 13/04/2018 02:25

Just recieved 2nd Cafcass report. Basically short story is it traskes my care of my daughter stating that I claim or allege something but when my ex provided his side it is he report this. I have been accused of being the abusive one and basically the sole reason for my daughters concerning behaviour. My blindness has now after 4 years of caring for my daughter been used against me. His claims went unchallenged. I am now not just looking at the court giving ex weekend access, holidays and basically access on demand but feel like I will be threaten with loosing custody of my child. Please HELP? Has anyone been in this situation? Any advice on what to do? If I just access this it will be later be used as fact. Solicitor backing my ex and not me. Really scared and no where to go. Court case is next week will it be given then?

OP posts:
Walkingdeadfangirl · 13/04/2018 02:56

Not sure I understand, what solicitor is backing your ex? Do you have your own solicitor?

Original poster
farley62 · 13/04/2018 06:51

Yes I have my own solicitor but basically she is not supportive and wants to challenge anything. I've been given no advice from her. It's more I wasn't expecting the Section 7 Report to be so bias against me. How do I change the lies my ex has told them about me?

OP posts:
Farahilda · 13/04/2018 07:16

Without knowing the nature of claim/counterclaim, there isn't much advice that can be given.

A couple of extremely general observations:

  • 'allege' and 'claim' would be used when describing someone's theories or conclusions
  • 'report' would refer to things that have actually been seen
  • your solicitor's job is to present your case as effectively as possible. Not many are utterly incompetent, but it can happen. You should be able to change solicitor (and pursue the incompetence later, you have enough on now)
  • but their role is also to be realistic. A competent lawyer will not support you in ways they think are legally futile. It s possible that your solicitor is not backing your ex in any personal way, but is recognising the relevant strengths and weaknesses of all the information about the DC, and that can mean accepting that some elements cannot be effectively challenged, and that even making an attempt so to do could weaken your position.
Aprilviolet · 28/04/2018 21:06

Hi, I'm currently going through the same! Looked after my daughter all her life! Until father didn't return her on weekend! And now report is all going for him! And nothing for me :( I know it might be hard! & you don't have to share! But did court go okay! I'm worried I'm going to loose my daughter :( and they are saying every other weekend :( so upset! Courts Friday! Xx

lifebegins50 · 29/04/2018 09:08

april, every other weekend is usual so I think that is reasonable.

Both parents must be seen to ensure contact if no abuse so Cafcas will take a dim view if you object to standard contact.

If you are the primary carer you are unlikely to lose residence but it will be important your daughter has a relationship with her father so courts will support this.

How old is your daughter?

Aprilviolet · 01/05/2018 12:20

My daughter is 4, but was allegations what father made regarding me, but all paperwork come back clear and allegations was dropped, as this involved a s7 form it's took 5months from beginning to now! But now they are saying she settled with her dad now :( even tho I had her from birth too when he took her :( x

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