Do the courts always go with the CAFCASS recommendation in family court?

[Jeany1967]

Ex and I have a 2nd child dispute resolution hearing next week. We had the first one in April but I requested a CAFCASS section 7 report due to ongoing financial abuse and coercive control from my ex. We have two sons (3 & 6). We have been doing 60/40 (majority with me) since separation in 2023. Ex has always maintained he was going for 50/50 because it was "his right" to. He's punished me so much since I moved out of the family home and continuously uses the children as a weapon against me.

We had a CAFCASS report done where the officer spoke to myself, my ex and the boys. The report has come back and stated that she agrees with my allegations of abuse, that our eldest son favours living with me and is scared of her dad but that she suggests a 50/50 split. I was gobsmacked! I'd received an email from her 2 weeks earlier where she'd said that 50/50 wasn't what was best for our two young sons and she was going to recommend we carried on with 60/40 but with a schedule that had less changeovers.

To go from "50/50 isn't best for the boys" to now suggesting it came as a huge shock to me. I am genuinely worried about my ex and how he can emotionally support our two children now and as they grow. I have evidence of all the abuse but was pressured in the 1st dispute hearing (by the judge and his barrister) to drop the allegations for the sake of the children. They just couldn't understand that I was pursuing it BECAUSE of my boys.

Can I please ask for anyone's advice? Has anyone ever experienced the judge going against what the CAFCASS report suggested? Surely the judge will want to know why the CAFCASS officer has changed her mind so drastically? I realise it's not a final hearing next week so technically everything can't be decided. I have scraped together enough money to be represented by a barrister (he has one also) but I'm not sure I can afford one for a final hearing if nothing can be agreed tomorrow. I know a final hearing will look into the abuse claims more and speak to the CAFCASS officer involved (and hopefully ask her to explain her change of view). I know (and so does the CAFCASS officer) that shared custody just isn't right for our two children so I don't know why she's suggesting it. They're still so young and I'm so worried of what their father is capable of next. They just seem so hell bent on giving 50/50 even when it isn't what's best for the children.

What abuse is there? ( specific to children)

because on paper it’s difficult to see why you’re so vehemently against 50:50 when you already do 60:40
why did a judge pressure you to drop allegations? That sounds odd

all you can do is keep it fact based, evidence based and child focussed as to why you don’t think it’s in their best interest.

Gosh, the list is endless!
Emotional manipulation, blackmail and threats to the children. Threatens to punish the children if they don't do what he wants.
I could go on and on.
With me, he has threatened (and gone through with) to stop paying the mortgage in the home we jointly own (but he lives in alone) so that I accept his unfair out of court offer, after I applied for child maintenance. I have had to put it on my credit card (as well as pay by own rent elsewhere).
He's withheld medical information about the boys to punish me for not doing what he wants (I suppose you'd say that was me and not the children) but it's a vicious circle and it affects the children. Tries to control who I leave the children with in my time.

How can we successfully co-parent when he's constantly punishing me? How can he say he's able to emotionally and financially provide for them when he doesn't care where they live (if I get blacklisted due to him refusing to pay the mortgage we might have to live in less desirable places). How can he justify being a good dad?

The judge in the last hearing just didn't take me seriously, even though I had proof of all the allegations. To take the allegations seriously they would have to do a fact finding hearing which just drags it out and it's not good for the children (her words).

I have kept everything fact based and evidence based and it's certainly child focused. The CAFFCAS officer mentions the abuse numerous times.

My understanding is they do tend to go with what the cafcass report suggests. But you do have a right to cross examine the cafcass officer in court as to her recommendations. I had my barrister do this in court. Sh will have to give a good reason why she’s changed her mind. But if he’s already having 60:40 then they already think it’s in the kids best interests to keep seeing their dad. My ex emotionally abused and manipulated our kids and I provided written documentation of this in court going back 2 years and cafcass completely dismissed it. I think a parent has to literally be beating their kids for cafcass to take any notice at all they’re friggin useless imo.

Highlight any inaccuracies in the report... Your legal team need to flag these to the judge.... Any proof of Cafcass agreeing /changing mind /lying? After a 4 year case my dc's legal guardian and a senior Cafcass rep admitted on the stand his 'facts' had come from my exh. And his case fell and he got zilch.... Keep fighting op.