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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.

Ex husband told cafcass I have a medical condition that is untrue

10 replies

Originallymeonly · 26/09/2018 17:32

I'm in court on Monday for Child Arrangements order as ex refused permission for a holiday overseas in February half-term.
Cafcass have sent me the copy of their findings as a result of speaking to both of us.
They called me first.
In his recount, he has told cafcass that I have a mental health condition and "I am off my meds".
Whilst I had pnd and anxiety and was previously on SSRIs until 2015, I don't actually have the condition he has listed (I'd be entitled to DLA if I did)
I have left a message for the cafcass officer stating that the report is factually incorrect on this matter.
As I am in court on Monday, my doctors surgery are unable to provide my medical records with 48 hours notice.
Anyone know what the court will say about this? Surely they will ask for proof? And not just take his word for it?

OP posts:
Aprilshowersnowastorm · 26/09/2018 17:37

You are wise to flag it up like you did, tell cafcass you can get a letter from gp ASAP disproving his claims. What a plonker - it won't go done well he has tried to discredit you this way.

ajandjjmum · 26/09/2018 17:47

Have you asked your GP is they could rush through a letter under the circumstances?

RagamuffinCat · 26/09/2018 18:13

Depending on the mental illness he has claimed you have, and are supposedly not taking medication for, it will be quite apparent at the hearing that you are not suffering from it. Also, by asking them to speak to your GP it will be clear. I don't think they will be feeling favourable to your ex after this.

ThisMustBeMyDream · 26/09/2018 18:23

The report is simply what you and your ex have said. It isn't factually incorrect, becuaee it's just opinion. You will speak to the cafcass officer at court and the matter will be discussed further.

As an aside, what condition does he claim you have? There is no condition that gives entitlement to PIP (DLA is for children now, all new claims are for PIP. Adults are migrating across from DLA to PIP). PIP is about care needs, not conditions.

ThisMustBeMyDream · 26/09/2018 18:23

The report is simply what you and your ex have said. It isn't factually incorrect, becuaee it's just opinion. You will speak to the cafcass officer at court and the matter will be discussed further.

As an aside, what condition does he claim you have? There is no condition that gives entitlement to PIP (DLA is for children now, all new claims are for PIP. Adults are migrating across from DLA to PIP). PIP is about care needs, not conditions.

Aprilshowersnowastorm · 26/09/2018 19:10

Tbf my exh told anyone who would listen I was a prostitute - he still lost his case - and it was absolutely not true!!

MrsBertBibby · 26/09/2018 19:14

If CAFCASS think it needs addressing the Court will direct you to file a go letter about your mental health. Ask that he bears the cost.

mypointofview · 26/09/2018 19:22

I'm guessing the court sees this very, very often and takes it with a pinch of salt.

RB68 · 26/09/2018 19:30

Its all the time - its messing with the system and creating costs for the victim. A friend of mine is having the same issue - he has declared her as mentally unfit to be a mother!!! Hearing next month includes a medical report to show no such thing. The system sucks in this country for women of abusive partners especially if they have children

Originallymeonly · 26/09/2018 19:38

He said i have bipolar, you're right i know about pip/dla, it's just I'd been on one of my sen forums (for my child) and was reading about dla renewal, he's not suggesting he has any more care for the children as a result of my alleged bipolar.

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