Cafcass / Section 7

[MarciaClark]

Hello, I'm new to Mumsnet and hoping to get some insight to anyone who has been through the Cafcass Section 7 process.

DH has a DC from his first marriage who is now 9. DH's ex has been very difficult about child contact. There is a current valid court order in place for child contact whereby she has to make the child available on mutually agreed dates and times however she refuses to engage with DH and refuses to make the child available.

To cut a very long story short, DH has had to go back through the court process again due to her non-compliance. Ex has quite profound mental health problems and during the section 7 process the cafcass worker said she had quite strong concerns about this being a clear parental alienation case and the mother's mental health problems having quite a severe negative impact on their DC.

I don't want anyone to get the wrong idea, I am not trying to take the mick out of mental health problems or anything like that. And I'm not trying to say that parents with mental health problems are incapable because that's not the case.

The cafcass worker then said that having reviewed the concrete evidence that she has been presented with that the mother does indeed pose a risk to his DC and their emotional and psychological development, then it would not be unheard of to switch custody to the other parent. We haven't actually had the report through yet it was just something that the cafcass woman said that made me think that things are a lot more serious than we had realised.

I was just wondering if anyone else has been in a similar situation and had their stepchildren come to live with them being permanently or temporarily when custody has been switched? How bad do things have to be for a judge to take a child from its mother and give custody to the father?

We are in the position to take his DC on full-time if needs be I'm more than happy to do whatever it takes. We have never been through a process like this before and last time DH went through court for contact it was all very straightforward with none of this involved. Would love to hear anyone else's experiences whether good or bad.

No experience myself but bumping for you.

If you would both agree to take the child in, he should tell that to the cafcass officer. He may not need to amend his application to include a residence order, but should be guided by the judge.

The cafcass officer wouldn't say that if it wasn't a big problem.

Thanks

Collaberate - DH told the cafcass lady that as much as it would be a dream for him to have both of his children living with him, he had concerns about how his ex would be if DC was taken from her. All jokes aside, she would most go down a slippery slope with her mental health and potentially even end up sectioned. He said he would not want that for her but if she is deemed a risk to their DC then he will do whatever is in the best interests for DC. She is a good mother to DC in the sense that DC wants for nothing, they spend a lot of time reading and playing together, day trips etc but cafcass said she cannot meet DC's emotional needs.

The cafcass lady did explore our current arrangements for our DC and wanted to know about my family (no concerns on that part) so it just made me wonder if they were seriously considering recommending a switch of custody or if this was going to be more of a wake up call to his ex that by alienating DH it is detrimental to their DC.

just made me wonder if they were seriously considering recommending a switch of custody or if this was going to be more of a wake up call to his ex that by alienating DH it is detrimental to their DC.

That's impossible to second guess. However re this he had concerns about how his ex would be if DC was taken from her should not be a concern of cafcass, the court, or you. The children should come first, always. They should not be used as a crutch to prop up an ailing and underperforming parent.

Absolutely, I completely agree with you.

Maybe I didn't word it correctly but what I meant was perhaps that this could be an opportunity for her to realise the error of her ways and almost like give her a second chance to positively co parent with DH.

Either way what is best for DC is at the forefront. If DC is deemed better off here with us then I am willing to do whatever it takes to help raise DC with my DH.

From what I have read on other threads it seems like cafcass don't really listen to what they are being told and a lot of other Mumsnet users had negative experiences with them.

DH was and still is quite surprised at what they had said. He went into that meeting expecting to just answer a few basic questions about why his ex is non compliant with the court order and what he wants to achieve out of it. All he really wants to achieve is to co parent with his ex and for them to be amicable for the sake of the DC and for them both to have a good relationship with their child. Cafcass said that this has gone way past a parenting plan.

it seems like cafcass don't really listen to what they are being told and a lot of other Mumsnet users had negative experiences with them. This is often said by people in cases where the cafcass recommendations go against them.

All he really wants to achieve is to co parent with his ex and for them to be amicable for the sake of the DC and for them both to have a good relationship with their child. Perhaps cafcass think that's like wanting a pet unicorn.

A very valid point, thank you Collaborate. As I said DH and I have no experience with courts or cafcass so it is interesting to hear other experiences from people who are bit more au fait with the system for one reason or another