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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

Challenging CAFCASS Section 7 report

5 replies

jao16 · 05/02/2022 15:32

Has anyone here successfully challenged a section 7 report done by cafcass in court? Long story but my ex and I have been separated since baby was a newborn as he committed a violent DV act on myself when baby was present. Also long history of abuse towards myself and baby, plus two threats to kidnap baby. All of which he has been found guilty of, two counts of battery and all allegations found to be true in fact finding hearing.
Cafcass have decided that after an hour phone call with my ex and I separately, that ex is to have supervised contact for 6 weeks then contact in the community. Despite 3 different judges over the last 3 years saying no to contact. She has completely over looked the serious concerns and minimised the whole situation. Is there anything I can do? I feel so helpless and my anxiety is sky high. Baby is not even 2 yet and hasn’t had any contact since being a newborn as the risk of kidnap and harm is too high. Help please?! Xx

OP posts:
Unknown83 · 07/02/2022 10:37

You posted this two days ago and, unusually, you didn't get a response. I suspect I know why. The answer is probably not what you want to hear.

The honest answer is that you can challenge a CAFCASS report but even if it is changed it won't necessarily change a judge's mind. CAFCASS is entirely independent on the Family Court and it's reports can be ignored if the judge is minded to.

Now, something is a bit vague here. You say CAFCASS has "decided." They can't decide anything, they can only recommend. So what is the situation here? Has it gone to court yet, have you been order to allow supervised contact? Or is their recommendation yet to be made into a court order?

If no, then I would suggest you get specialist legal advice (a direct access barrister would be handy) and insist the author of the report is cross examined. If the answer is yes, then my answer is similar but you will probably need to go to a solicitor first for specialist legal advice and start from there.

Good luck.

cookie1620 · 08/02/2022 11:47

@Unknown83

You posted this two days ago and, unusually, you didn't get a response. I suspect I know why. The answer is probably not what you want to hear.

The honest answer is that you can challenge a CAFCASS report but even if it is changed it won't necessarily change a judge's mind. CAFCASS is entirely independent on the Family Court and it's reports can be ignored if the judge is minded to.

Now, something is a bit vague here. You say CAFCASS has "decided." They can't decide anything, they can only recommend. So what is the situation here? Has it gone to court yet, have you been order to allow supervised contact? Or is their recommendation yet to be made into a court order?

If no, then I would suggest you get specialist legal advice (a direct access barrister would be handy) and insist the author of the report is cross examined. If the answer is yes, then my answer is similar but you will probably need to go to a solicitor first for specialist legal advice and start from there.

Good luck.

Thank you for taking the time to reply to my post. I say decided but I did mean recommended. We've got court next week and because i don't agree with the report it's then going to be listed for a full hearing. Father of course is in full agreement with the recommendations. I've got a barrister who will hopefully try and get the judges to re think the recommendation and hopefully go from there. When this all first started, my barrister said that supervised contact could go on for a number or months or years even. But this recommendation is only 6 weeks, with a view to supported contact in the community but I don't think there's a third party who we would both trust to support that contact. Thank you again
Unknown83 · 08/02/2022 16:40

Ask your barrister to request that the author of the CAFCASS report is a witness and have them cross examined.

NonMolestation · 26/03/2022 09:18

@jao16

What happened to you in the end? Watching with vested interest

PeppyWriter · 04/10/2024 22:58

i have been reading some of the messages, i find them quite interesting , as we are in a similar position, as it is good to know we are not alone in our battle for justice and have experienced similar things from different judges . only the difference is , we are victims of an abusive maternal grandad ( as is our grandson ) who unfortunatly lives with his maternal abusive grandad , but frustratingly and repeatedly the judge never punishes the other abusive grandparent ..... have you experienced anything similar

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