CAFCASS Decision and Rights

[luckz666]

We are being taken to court for a contact order on our son by paternal grandmother. We have not spoken to her in 13 years and was a terrible mother to my partner as a child.
cafcass have filed a section 7 report for court next week and its all in her favour! We are totally devestated and dont know what to do!
We have no legal representation
any advice would be grateful!

You would need to have the report discredited and to do that I would recommend you get legal advice or at least a McKenzie Friend.

Does it make a recommendation about what contact should be?

Yes, in direct for two months then direct at a contact centre two hours a week.

We cannot afford a solicitor... how can i get a mckenzie friend?

Families need fathers used to be able to assist with mc friend.

What do they suggest after contact centre?

To negociate further contact! My parents dont see him that often

How old is he? Does that mean that Cafcass recommend that you have to take him to a contact centre for 2 hours every weekend? What if there's not one near you? Like you said plenty of close grandparents don't see their grand kids every bloody weekend.

I can't believe this has been the recommendation for someone who (I assume from your posts) doesn't have and has never had any sort of a relationship with the child.

Exactly! Our son is two in a few weeks!

You need a solicitor! I know you can't afford one but you need to do whatever it takes to get one. The cost to you of not doing so could be enormous.

Can you borrow money off anyone?

Get your partner to write down every incident he can remember of poor parenting by her.

We have but it states in the report that he has a human right to see his grandmother.
Thing is we do not want to spend any money on her as if we need to we will move away

OP- I don't think moving away is going to change that... Although it may mean they wouldn't be able to order contact centre every weekend

I'm not sure historical poor parenting will stand up to anything in court; at least not while contact is indirect or supervised. Nor will they care how much contact your DS has with other grandparents. I am surprised that they have recommended contact if he didn't have a relationship with her before though.

Personally I would get a McKenzie Friend (list on FNF website) and a direct access barrister who will be able to cross examine the CAFCASS officer effectively.

Moving away won't work. You leave yourself open to her having contact for less frequent but longer periods of time eventually.

We havent spoken to her in 13 years and she has never had any contact with us or our son during this time! Its bizzar what their recommendations are.

She wouldnt travel and she would have to find out my address first.

OP I totally agree with you. I also find it bizarre that Cafcass have made this recommendation despite her having no precious relationship with your son and given that you and your partner have had no contact with her for 13 years.

Is it possible that she has lied to Cafcass about her relationship with your son? I'm assuming you've considered that though.

If she gets a Court Order for contact then moving won't stop that contact. She won't have to find your address, if she's that determined to see your son then she will have a Court enforce the order. I admit I don't know for certain exactly what would then happen but I would assume if you broke the contact order Cafcass and then perhaps Child Services will get involved and I'm sure somehow breaching a contact order by completely disappearing would give the Courts the power to find your address via other means DVLA, HMRC etc. I'm sure someone will come along soon and give you the exact info regarding moving away.

I feel that if she has the order enforced the worst that can happen is inprisonment and would they really have our son away from his parents because of that?

OP I've been thinking about this and your story has really got to me. We have a grandparent who has never met our children because, well, similar reasons to you I guess. I would do exactly what you are doing in the same circumstances. I have been thinking what is the worst they can do to you if you refuse to abide by the order because you feel so strongly that it's not right for your child. They could fine you I suppose or worst case imprisonment. I don't think that's likely though.