CAFCASS not endorsing interim contact

[Pebbledashery]

Cafcass has sight of all the safeguarding information prior to our first hearing... Based on the factual evidence provided along with my proven allegations of the violence and abuse... They are not recommending any sort of interim contact because of multiple safeguarding risks including risks to me.. Not even indirect contact... There have ordered a fact finding hearing to take place... My solicitor has advised me that it is likely it'll be a six month wait.... After the FF hearing a Section 7 will be ordered... Can I make a slight assumption based on the fact cafcass officer saw factual information of the severe safeguarding risks and the fact no interim contact will be ordered that it's likely my ex won't get contact with DD who is 2?...

I'm glad to hear they're following PD12j correctly - but it seems so rare that courts actually do so that I'm not really sure what to tell you. I hope someone more knowledgable will be along soon.

Thank you for commenting x
My ex has submitted an application for a live in order of DD. Its been nearly 5 months since he last saw her.. Basically being a typically classic abuser and now accusing me being the perpetrator.... Cafcass officer whose doing the initial safeguarding letter prior to the FHDRA said they would never recommend interim contact as there are multiple safeguarding concerns... Primary concern after DDs safety and the fact she's been subject to physical and psychological abuse by him is that he doesn't know where we live so even contact centre puts us at risk because he has 4 harassment and stalking convictions.... He's also had his dodgy friends follow ex partners around as well..

The court shouldn't order interim contact when there are allegations of abuse. Google 'Practice Direction 12j', that sets out the practice that the court must follow.

Thank you that's so helpful. I just read it. Fact will definitely be found in my favour at the fact finding hearing. His police history alone is enough to show how mentally unstable he is and also how dangerous he is.. He's got a conviction for stalking an ex partners child... I will definitely use this practice directions document as a basis for my position statement.. I haven't been asked to submit a position statement yet ahead of the FHDRA.. Do I need to do this..

I received the cafcass safeguarding letter today.. Its pretty awful towards him.. I don't know why I feel empathy he doesn't deserve it at all.

You don't need to do a position statement before the FHDRA. The court will usually rely on the Cafcass recommendations. Do they recommend a fact find?

They may not need a FF hearing if he accepts the allegations or has convictions for them.

If the abuse is at bad as it sounds, once they've done a FF or determined they don't need it because of his acceptance/convictions etc (so court working on basis of domestic advise perpetrated against you and DD) they may not need a s7 report, they might just direct attendance at a Domestic Perpetrators Programme before doing anything further. The course is 6 months and people can't just pay lip service to it, so turning up etc isn't sufficient. They'd normally review half way through to see if the person is engaging.

Good luck

It's possible they will allow contact that's supervised, but only if they believe your dd will benefit from knowing her father, sometimes following things like anger management and psychological treatment. Obviously we don't know the details but be prepared for the ruling to offer him contact in the future subject to certain conditions. It's rare for a hearing to forbid access ever though not unheard of.

Thanks all. Yes he's got convictions for harassment, stalking, pulling a knife out on someone and he has broken a restraining order and also assaulted his ex prior to me.. He's also abused our daughter physically and emotionally 😢. My solicitor has actually said If fact is found then he could go to prison as one of the allegations was an extremely violent attack on me and he was arrested but he's saying I'm the abuser and I perpetrated violence against him. It says in the safeguarding letter if these allegations are proven then DD is at risk of significant harm by her father... There will be a fact find because he's alleging I'm the perpetrator and I have mental ill health and basically I'm unfit to be a mother.

@Logoplanter he's beyond a DVPP - it wouldn't make a difference at all, this man is not capable of changing, abuse is in his DNA - he comes from a long line of abusive men in his family.

I'm glad they are listening. I've read your previous and hes dangerous.

@notapizzaeater just anxious about this FF hearing, he's going all guns blazing to say I am the perpetrator and he's the victim and that I have mental ill health. I told my Solicitor that if I thought I had mental health issues I would seek help because there is absolutely no shame in it and the fact many parents manage to look after their children with mentally health issues - he's just being so nasty and vindictive and will chuck any accusation my way.
I don't know why CAFCASS would recommend contact with such a dangerous person!!! she's only 2!

He can't go to prison based on a finding in a civil case.

Hey,
I know this is an old thread but it sounds exactly what I’m going through at the moment. Could you please offer some advice and let me know what outcome you got?
Thanks

Hi @Pebbledashery, going through a very similar situation to what you were in 2020. I wondered if you wouldn’t mind following up with an update on the outcome?
I hope it all went well for you and your daughter x