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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.

Court CAFCASS challenge

27 replies

Mnbvcxzlkhgfds · 08/02/2024 19:32

I wanted to do mediation with ex months before he did C100. He filed and said no to MIAM. CAFCASS recommended mediation but judge didn’t act on that. So it went to court. Court order was issued with no mediation and no way of me and ex effectively communicating. I find him dismissive of me and doesn’t listen or is patronising. Months later the children who didn’t want him to come to live in the UK and be more involved in their lives in the first place are struggling emotionally after being placed straight into the new routine without building it up slowly. They’ve all accessed extra pastoral support at school and one has sleep troubles that I’ve been to the GP about. I don’t get any support or understanding from my ex and communication is so difficult. I’m baring the brunt of the behaviour from the change. I’ve suggested mediation to ex again. Can you complain to the court or CAFCASS when the children are being negatively impacted by the new court order and ask them why
the court didn’t do mediation and why they didn’t listen to CAFCASS and not give children any voice in this?

OP posts:
Mnbvcxzlkhgfds · 18/02/2024 20:57

When my parents did a C2 in support of my ex’s C100 they lied about me being hostile to them (I have videos of them shouting and swearing at me and my partner in my home and abusive text messages but unfortunately I didn’t report them to the police). That’s narcissistic because it was them who were hostile to me and my partner. Their barrister looked into whether the kids had lived with them in the last 5 years as my parents tried to claim custody/ parental rights of the children. Luckily I’d moved out in 2019 and due to lockdown the kids had been living with me. My parents have an fortnightly term time weekday evening and are able to see their grandkids in dads time or on a Sunday on Dad’s EOW if dad does not show up. I am not giving them a minute longer than they allowed by the CAO so they cannot claim any rights over my kids. I do not trust them.
i do not feel they are safe with grandparents and trust their dad more - I wish he would get neutral and people with childcare qualifications to help look after our children and not my parents. After the C2 and in the safeguarding checks against my parents I mentioned the domestic abuse I suffered from my parents - they are not allowed to badmouth me in front of the kids. I also mentioned that my father is a cannabis user of over 40 years and my children haven’t been anywhere in grandads’s car. I guess Cafcass have listened that much. I will never be able to trust my parents again though.
Wanted dad to build his bond gradually with the kids and not be forced into this by my interfering family.

OP posts:
TheFireflies · 19/02/2024 00:08

Mnbvcxzlkhgfds · 18/02/2024 19:51

No Cafcass weren’t interested in listening to the children.

They can’t actually speak with the children unless the court has directed them to undertake a further welfare report, not just the initial safeguarding work.

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