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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.

What happens if you don't follow cafcass recommendations??

7 replies

Sobaditsfunny · 29/02/2024 14:24

Could do with some advice/opinions.

Separated in October due to an assault from my husband. He was arrested and is on bail. He has intermittently seen the 4 children with gaps of 5 weeks or so.

Since the end of January he has changed solicitor and seems more interested in the children. We agreed after an urgent court hearing that he would have them 1 day a week until the next court hearing (12th March).

Cafcass rang for a safeguarding call yesterday and recommended no contact until a fact finding and section 7 is done which they said might be end of Summer.

He was supposed to have the children today for tea. My solicitor suggested I follow cafcass advice and has emailed his solicitor to cease contact.

His solicitor has responded to say they've no yet received the safeguarding letter and if I cease contact at such short notice I will be seen to be emotionally harming the children.

I've told the children this morning they'll not be going, 2 were relieved, 1s too young and the 5 year old would have liked to see him.

I feel like I can't win, I'll either be penalised for not following cafcass or penalised for emotional harm. I wouldn't have agreed to contact if I didn't feel the arrangement was safe and there have been no safeguarding concerns between him and the children however cafcass are concerned about the seriousness of the assault against me.

He's going to blame me.

Does anyone have any experience of this and is there a possibility at the next hearing that cafcass recommendations won't be followed?

Thank you in advance.

OP posts:
Whattodo112222 · 02/03/2024 19:18

If no order for contact has been made then I'd follow what cafcass are saying until the hearing. Its likely that interim contact will be ordered at the next hearing even if its supervised contact..
Don't set the bar by offering contact off your own back.
Cafcass are supposedly there to represent the children's best interests so follow their advice.

Sobaditsfunny · 02/03/2024 21:31

Thank you, that's what I've done in the end. I feel bad on behalf of their dad but I know I need to break that habit.

OP posts:
GN637 · 02/03/2024 22:42

It's extremely rare for a judge to go against Cafcass. In my own lengthy experience of Cafcass they didn't care about the abuse my dc and I were suffering and recommended contact so the fact they have said no contact is great and from what I know quite rare. The solicitor will be saying what your ex tells him to say. You need to stick to what Cafcass say because they hold all the power at this point until a judge makes a decision. I'm sorry you're going through this, I know it's hellFlowers

Captainspaulding · 02/03/2024 22:45

I'd follow the cafcass recommendations. Always hearing bad stories about them but they were great for me.

Sobaditsfunny · 03/03/2024 08:49

Thank you, that's given me some assurance. I didnt realise it was rare. I had seen bad reports on here about cafcass too and wasn't sure what to expect. The lady I spoke to was nice but whether that will be the same one I see at the court hearing I don't know. I think part of it is me being scared he'll blame me for contact stopping and retaliate in some way.

OP posts:
LRobin · 05/05/2024 13:14

good afternoon,
wondering if anyone can advise in regards what questions should be asked to cafcass in a final hearing? The other parties is breaching court orders and the judges do not seem to care. I need advise any would be extremely helpful.

Lockett00 · 05/05/2024 13:15

Just wondering what sort of questions should be asked at the final hearing to cafcass?

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