Does court usually go with cafcass recommendation?

[JoJo2106]

Hi all,

Wondering how often do family court usually go with what cafcass recommends?

Bit of background, I split with ex when ds was 2 weeks old due to his excessive drinking and cannabis use and it was a volatile relationship. He had contact but waa never willing to increase it unless he sorted his drinking issues so things were very tense between us. When ds was 7 months old he tried to run off with him and then attacked me whilst he was holding ds. He was arrested but no further action was taken due to lack of evidence. My solicitor advised me that I should stop contact as there was no guarantee he would return ds and also the fact he's assaulted me. My ex took me to court and we had first hearing in June. The court ordered no contact based on cafcass recommendation until the court would determine if there should be a fact finding hearing as there were other allegations of DV. They also recommended alcohol tests be done. We went back for 2nd hearing in August and they decided there was no need for a fact finding hearing and because of the length of time that my ex hasn't seen ds which is 6 months and ds is 13 months old now that contact would begin in a contact centre for 4 weeks to reintroduce him gradually. Then he would see him alone every weekend for 5 hours on both days.

We are back at court this week as the contact centre local to us has closed temporarily so he wanted me to go the next nearest one which is miles away and i don't drive so would never make it for morning contact. So he is taking me back to court to force me basically. But there are no spaces in this centre until January as I have spoke to them direct.

Anyway I have had an email today with an updated safeguarding letter from cafcass. And my ex had a phone call with them on Friday and I have had nothing. I didn't even know cafcass were still involved. I find this a bit unfair as he has said things and I have no way to respond. Why didn't I get a phone call too? Anyway cafcass advice to the court is that there should be still no unsupervised contact and that it should be supervised in a contact centre or via a trusted 3rd party (there is no-one) and they are also recommending he also has tests for cannabis use aswell as the alcohol tests (this was ordered In August an still isn't done) they said they think a section 7 report should be done and then the contact arrangements can be reviewed then.

I am just wondering how likely the court is to go with what cafcass recommends as at the August hearing the court had already ordered contact to start in centre and then said he could have unsupervised after that. Now obviously this latest cafcass letter contradict me this so how likely is it they'll do with this?

Thanks for reading

I imagine his failure to comply with the testing order is behind the greater caution.

The Court is not bound to follow CAFCASS but it's a bold judge who goes beyond what they recommend at a DRA. So the Court is pretty likely to go with CAFCASS.

I'm not sure they know he has been delaying it. They mention in the letter that they are aware alcohol tests have been directed but that's about it.

Would you have any idea why I didn't get a phone call and they have only called him? Just seems a bit unfair as when the court read the letter it's only his side an there is nothing from me.

Do you know what a section 7 report will consist of if the court goes with this?

So I'm assuming if the court does go with cafcass recommendation that my ex will not have unsupervised contact until the section 7 is completed?

Also think it's magistrates not a judge does that make a difference?

www.cafcass.gov.uk/grown-ups/parents-and-carers/divorce-and-separation/section-7-report/

Magistrates are generally less likely than judges to go against what CAFCASS say, although it has been known.

No idea why they didn't call you! You can call them yourself, or talk to them at court.

Ah right. Thank you for that. Yes I called them today and unfortunately my cafcass officer who done the report is not back in work until the day I am back in court which is no good. But think one of the duty workers can talk to me. There will be no cafcass officer at court as apparantly it's a non cafcass day when we are there.

I am hoping they do go with cafcass recommendation. Plus I don't think they will be very impressed he's failed to do the alcohol tests yet either so hopefully they'll go with it.

Cafcass are a joke in my experience but it sounds like they have your ds's best interests at heart in this case.
A section 7 takes several weeks but can't remember what it involves exactly.
Me and my ex had to attend a meeting with the cafcass officer and discuss contact dates, he spoke to the children at the cafcass offices and basically didn't take on board any of their issues. They visited dad's house and said believed his lies about who lived there when our children were there and said all was fine and dandy despite the children refusing to see dad for months at a time.
Your son is tiny though so can't be questioned like mine were.
Do you want him to have contact?

Sorry x post

Sounds like you didn't have a very good experience with them. Yes in my case it does seem to be better. I'm glad that is the case. I'm just a bit pissed off they've called him and included thatin the safeguarding letter but I've not heard a thing so have no way to respond to anything.

I am just extremely wary of him having contact. Reason being his drinking and he has also taken ds around cannabis use against my wishes when he has had contact previously. Ds is still a baby with no voice of his own so it's not like he can come home and tell me if ex is drinking etc. I just don't trust him at all. I know he'll get contact though at some point I just get really worried.

Please don't be afraid to pull apart the statement Cafcass have provided if you believe the contents to be lies.
Bullet point anything you need to speak to your solicitor about.
I showed a senior Cafcass officer to have based his entire statement - and final one after 4 years!! - to be based on what exh had fed him!!
Exh didn't get to see my dc.
Would love to know what happened to the Cafcass officer.

My judge ignored CAFCASS's recommendations entirely. She was biased against me (the mother) and pro-the father. The judge refused to follow the report despite repeated attempts by the opposing counsel to persuade him. It was weird, but great for me. So it does happen.

I believe experienced judges see through manipulation and lies even if CAfCASS don’t. Magistrates can be a bit more timid as their vs ground doesn’t have the depth of training as a judge. However I would make notes about the points you wish to raise and in this case CAFCASS is in your favour. If he doesn’t comply with the tests, it will delay contact even more.