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Details of CAFCASS complaint

2 replies

NameChanged4this · 11/04/2011 22:44

I posted this on Divorce/Separation but not sure if here might be better place.I will try and be brief.
Appled for a contact order to see my children as my XP would not let me (had contact previously but on XP finding my marriage all contact was stopped, I live a fair way away).
XP alleged DV and emotional abuse in front of children, time goes on, fact finding ordered.
Police arrest me for various allegations (quite horrible ones), all claimed by my XP.
Police drop all of the investigations as, once they investigate, it is obviously malicious. In meantime XP tells the world of my alleged crimes.
Finding of fact arrives, none of allegations and accusations found so CAFCASS proceed with their business, the court ordered my children be given 'life story work' to enable them to have a more positive image of me to counteract all the 'brainwashing' they have had from the XP.
My XP refuses to bring the children to these sessions, as she has complained about CAFCASS and the CAFCASS officer.
CAFCASS bring XP before the District Judge to say that the court order is not being complied with, judge attaches a penal order to it.
My XP said that the CAFCASS investigation has been upheld (I dont know if this is true) but they changed the CAFCASS officer.
Received a letter today saying XP has applied to court and now wants NYAS involved instead of CAFCASS as her complaint has been upheld. My solicitor says its another delaying tactic as NYAS are only involved when some specific situation is in place (CAFCASS recommendation?) but it is not. Sol says they will ask for costs against XP for delaying.

Now for my actual question (sorry for the pre-amble). Can I (or my solicitor) get a copy of this CAFCASS complaint and the decision? It is affecting my contact with my children by being thrown here there and everywhere to delay things (XP wrote to Parliamentary Ombudsman apparently but thats all I know). On the form C2 I got a copy of, XP ticked the box saying 'risk of DV and harm' and went on to say that NYAS should be involved as CAFCASS have upheld a complaint she made.

Will this cause more delay?

OP posts:
pinkytheshrinky · 11/04/2011 22:49

No I don't think you can get a copy because although it has delayed things it is not material in your case and has nothing to do with the children. The thing is on the whole CAFCASS are shit - I have complained about an officer and she apologised to me so I have dropped it - if the complaint went that far there must be something in it because the process itself is extremely truncated.

So no - as much as you would like to know what has happened it is none of your business.

mumblechum1 · 12/04/2011 06:15

No, you don't have the right to see her complaint against cafcass. The fact that NYAS are now involved will, sadly, slow things down as they'll start from scratch, ime.

Don't be surprised if NYAS get a complaint against them as well. I have a case like yours which has been ongoing for almost three years now, because of the PWC repeatedly complaining about everyone involved (including the Judge).

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