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[ravinglooneymum]

Hi,
I was wondering if anyone could offer any help, advice or reassurance! I am currently loosely involved with a LTR application by the M which I know stands a good chance of being granted. At the last directions hearing the Judge reluctantly ordered a CAFCASS report which is yet to be undertaken and has listed a final hearing date for 3 months time. I just have the impression that the Judge would have been happy to grant the order on the day which is extremely worrying. Does anyone know anything about obtaining an independent private Social workers report? (I have as much faith in CAFCASS as I do in winning the lottery, which I don't do!!) I believe the report should include the wider family as the implications of the LTR being granted would in effect cease all contact with them, especially the Paternal Grandparents. Also, the child was unlawfully retained by the M and was only returned to the UK by application of the Hague Convention. Does this have a bearing on any decisions made? The M has been totally obstructive in contact visits and an emergency order had to be sought to put into place visitation rights. I am getting more and more disheartened at the prospect of loosing a much loved family member to an utterly selfish and controlling M, and have no faith in the legal system.
Thank you.

TBH I think you're going to have to see what the Cafcass report says before you decide whether to accept it (I'm assuming you're the new partner of the dad).

If the Cafcass report comes out in favour of M removing the child then the F could:

1. Fight the report on whatever grounds he chooses

1. Make a complaint against Cafcass if the reporter has clearly been biased/not done a full and thorough assesment

1. If the latter, he could ask the Court to have Cafcass's job taken over by NYAS. I have a case at the moment where the mum has no faith whatsoever in Cafcass and NYAS have just taken over. NO report from them yet so I can't say whether their take on the situ is any different.

I'm a bit surprised about the DJ's attidtude, I'm seeing more cases lately where applications to remove are refused.

What does the dad's legal team think?

Hi mumblechum,
Thanks for your input. Is there any way to contact you directly? I do not want to make too much information public as the case is ongoing. I most definitely am NOT the F new partner BTW!! I would have more faith if the case was being heard in London but it is in the Midlands where I get the impression that the DJ's are more reluctant to refuse LTR cases still. I have absolute faith in the F legal team but even they are saying the chances of success are negligible. Everything is really hanging onto the CAFCASS report as you rightly mention!
Thanks.

My view is that any lack of faith in CAFCASS should have been mentioned early on in proceedings, when the Judge ordered the report and reasons for this made clear to the Judge.

If it is left until the report is produced and it goes against you, it could be seen as sour grapes and therefore more difficult to ask for an independent social worker's report.

It is a gamble of course as it may go in this person's favour. I am sure you can see that if it does not and you complain or fight the report you are on the backfoot.

Judges do tend to go with CAFCASS, they are seen as officers of the court and Judges do not like to see criticism of them as it reflects badly upon the judicial process.

It is hard to win a complaint against CAFCASS; they are very keen to avoid a level 3 complaint which takes matters out of their hands. They tend to refuse your complaint at level 2 and tell you to go to the LGO, which of course doesnt deal with your complaint, but only the way it has been dealt with procedurally by CAFCASS.

My view is that any lack of faith in CAFCASS is mentioned early on in proceedings, perhaps it should have been done when the report was ordered and reasons made clear to the Judge.

If it is left until the report is produced, if it goes against you, it would be seen as sour grapes and therefore more difficult to ask for an independent social worker's report.

It is a gamble of course, it may go in this person's favour. I am sure you can see that if it does not and you complaint or fight the report you are on the backfoot.

Judges do tend to go with CAFCASS, they are seen as officers of the court and Judges do not like to see criticism of them as it reflects poorly (rightly or wrongly) upon the judicial process.

Thanks ElsieMc,
Unfortunately at the Directions hearing the Judge gave the impression that he didn't feel a section 7 CAFCASS report was essential but thankfully our Barrister insisted on it which was so ordered. I was unaware that an Independent report could be requested until this week. After speaking to Dr Lowenstein who is a strong advocate for children needing Fathers I can only feel that it would be beneficial in having an independent report. Unfortunately it looks like the cost of obtaining one from him will be prohibitive.
As the Father has now spent upwards of £50,000 already securing the child's return and also has to pay another £12,500 to our Solicitor overseas (as the Mother has appealed the Hague Convention return order) the costs are now spiralling out of control.
Please someone tell me there is a glimmer of hope in the LTR being refused given the background of the case.
Thanks.

Thanks babybarrister,

The M in this case is Italian and the F English and as such the F is not entitled to legal aid due to his income. The majority of the expenses so far have been to the Italian legal team (Roberta Ceschini, who has been and still is fantastic!) as 'public funding' in Italy is virtually impossible to obtain. It is the ongoing fees to our current Solicitors in London, plus the cost of the appeal in Italy, plus the voluntary contributions to the M for the child that are now starting to take a toll.

It was in fact Dr Lowenstein that I spoke to yesterday and I was very impressed by him.

Please can you point me in the right direction to read the cases you mention, I do have access to the Lexis Library as I am studying part time for a Law degree, although not making much progress due to the current situation!

Thank you so much.

The only case that I can find that gives great hope is: Re AR (A Child: Relocation) [2010] EWHC 1346.
Were you also refering to Thorpe's comments at the recent Washington Convention?
Is it possible to request a change of DJ before the final hearing? I am so worried that the particular DJ we have is biased towards the Mother.

I am starting to panic now as the Father is talking about letting the Mother return as the stress and cost of 'fighting' this case is taking its toll on everyone.