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Please help - disagree with Section 7

5 replies

mightymalties · 10/05/2019 08:55

We're in the family court again regarding our child who has SEN. This was due to enforcement as I had stopped contact due to a safeguarding issue (I did inform the court). Contact resumed once issues were resolved by means of an undertaking until a section 7 report could explore the issues further, and both of us were required to submit documentation about medical issues which could affect parenting.

I now have the section 7 report and am very anxious about how the recommendations will affect our child.

It suggests a massive increase in contact, from one day (no overnights) a week (established in previous proceedings) to 5 nights a fortnight. The proposed schedule could be very unsettling for our child, and does not consider his established activities (which ex has admitted he is unlikely to manage).

Ex did not submit his medical letter in time, it was actually 2 months late. It was written and sent after the Section 7 report was written. The contents of the letter were not mentioned at all in the Section 7 report, and suggest a worsening of Ex's MH issues from the time of previous proceedings. There is little indication that these issues are being properly managed.

Many of the issues raised in the safeguarding report and previous proceedings have been totally omitted, including Ex's drug habit.

Is it relevant that the report seemed "rushed"? Cafcass didn't get in touch until less than month before the report was due. I'd also been advised that a second meeting/phone call would take place before the report was finalised to ensure there would be "no surprises" and that the proposals would be manageable - this didn't happen.

I understand that I must raise my concerns at our hearing, which is next week. How do I go about this? I'm so anxious that the court will simply follow the recommendations and that this will have a huge impact on our child, who has already has difficulties due to his SEN and the issues arising from all of this.

Any advise would be much appreciated.

OP posts:
Collaborate · 10/05/2019 11:27

The next hearing presumably isn't the final hearing. Make sure cafcass has the medical letter and invite them to comment on it before the hearing (in in the alternative to attend the hearing).

It would also help if you write out before the hearing the things that you think the cafcass report has not addressed.

mightymalties · 14/05/2019 16:15

Thank you Collaborate, that was helpful. I have now received a response from Cafcass that the contents of the report does not alter their recommendations.

It makes reference that there is no medical opinion (either way) of ex's parenting ability, and a lack of evidenced impact on our child - evidence which (imo) has been overlooked or omitted.

Obviously I need to raise this in court. Should I format this as a position statement, or simply a list I should refer to? Should I take evidence with me to the hearing (there would not be enough time to send it in advance)?

The hearing is set as a directions hearing, with a view to becoming a final hearing, as I understand it.

However, the last time this happened, I was presented with reports minutes before the hearing and pressured to agree to it being a final hearing. I feel I should be prepared as much as possible in case this happens again, as I'm a litigant in person.

OP posts:
mightymalties · 15/05/2019 19:26

Bumping in the hope of any last-minute advice...

OP posts:
justdog · 16/05/2019 20:18

If there is medical evidence that has been omitted or ignored by cafcass, then you need to take evidence with you to court. I guess you would need to reference it in your position statement as well. I know you say you are LIP, is there no way you can instruct a solicitor? Sounds like you might be better off doing so.

justdog · 16/05/2019 20:41

If there is medical evidence that has been omitted or ignored by cafcass, then you need to take evidence with you to court. I guess you would need to reference it in your position statement as well. I know you say you are LIP, is there no way you can instruct a solicitor? Sounds like you might be better off doing so.

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