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Child Arrangement Order

1 reply

Quandary2018 · 09/10/2018 17:58

Been going through the family court for a year with my ex who has applied for contact to our 2 dc aged 11 and 5
He did have contact up until he assaulted me and then social services said I was to stop contact until granted by a court.
In the last year we’ve had a section 7 report stating indirect contact via phone/letters (he’s not taken up the letter option despite the order saying he should be sending them fortnightly he also didn’t phone them for several months)
CAFCASS also said he should attend a domestic violence perpetrators program- he wasn’t accepted onto it because he denied doing anything.
In light of this CAFCASS then said no direct contact until ex has had some form of counselling- he is yet to do this but it also hasn’t been ordered by the court
We also recently had a fact find hearing in which the judge found in my favour on all counts and had some fairly strong things to say re the conduct of my ex
So now we’re back to CAFCASS for another section 7
However, The judge has instructed the section 7 report to focus on a means of re-introducing direct contact between ex and the dc

My question is in 2 parts
1- how can a judge find in my favour on the fact find but still despite the violence say that direct contact should resume?
2- can CAFCASS stick to their original decision on contact or do they have to find a way for direct contact because the judge has said in the order?

Thanks

OP posts:
Taylor22 · 09/10/2018 18:39

Unfortunately CAFCASS can only give recommendations. The judge could ignore everything and make his own ruling.
So They could pass the same advice but the judge could still rule to allow access.

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