Challenging a CAFCASS Section 7 report

[jao16]

Has anyone here successfully challenged a section 7 report done by cafcass in court? Long story but my ex and I have been separated since baby was a newborn as he committed a violent DV act on myself when baby was present. Also long history of abuse towards myself and baby, plus two threats to kidnap baby. All of which he has been found guilty of, two counts of battery and all allegations found to be true in fact finding hearing.
Cafcass have decided that after an hour phone call with my ex and I separately, that ex is to have supervised contact for 6 weeks then contact in the community. Despite 3 different judges over the last 3 years saying no to contact. She has completely over looked the serious concerns and minimised the whole situation. Is there anything I can do? I feel so helpless and my anxiety is sky high. Baby is not even 2 yet and hasn’t had any contact since being a newborn as the risk of kidnap and harm is too high. Help please?! Xx

Is this just the safeguarding letter?

Have a read of Practice Direction 12J www.justice.gov.uk/courts/procedure-rules/family/practice_directions/pd_part_12j

Make sure this is looked at properly.

They cannot surely do a proper s7 report by just making 2 phone calls.

@Collaborate

They cannot surely do a proper s7 report by just making 2 phone calls.

I'll have a read of that, thank you. That's what I mean, I don't understand how she's just called myself and my ex on two occasions and written up a life plan basically for my child. He can't talk yet so obviously needs me to act in his best interest but in my opinion the risk of harm and kidnap is too high. She has said the issue of domestic abuse is a live on going issue as the police have reported

Don't you have legal aid? Can't you talk to your legal advisor about this?

@Skeptadad yes I have legal aid and I have talked to my solicitor but they just say to wait for court and see what the judge says

Is it a final hearing?

Shouldn't the SW have to evidence your child will be safe? How can that be possible.

What I would be doing is going through the Section 7 to look for inconsistencies. I don't suspect the recommendations follow the body of the report or look out of kilter.

I guess at this moment in time it's the only thing you can do.

@Skeptadad yeah she’s got all the court documents but it’s like she’s just hardly looked at them going by the report. When I asked about the safety of contact centres (because one judge said previously if ex wanted to take baby then he could, they’re not locked buildings and staff wouldn’t be able to stop him) she said, well they aren’t by any bus routes or train routes so he wouldn’t get far…. I don’t get it at all. Thank you, I’ll do that ready for court

It does seem like they are taking the safeguarding issues into consideration though otherwise they would have suggested unsupervised contact.
Your child does have a right to see his father and they are ensuring that is is done safely by recommending that this is supervised.
The alternative is that the child will never see his Father?

A section 7 takes way more than 2 phone calls to complete. We had 2 section 7's both took months and months to complete, I lost count of the times I met with the Cafcass worker. They spoke also to doctors, Health visitor, police etc. They have a duty to assess safeguarding and outline recommendations to manage risk.

I'm wondering if this is the initial safeguarding letter and the recommendations are to restore contact subject to section 7 + final hearing?

@Pinkyxx

A section 7 takes way more than 2 phone calls to complete. We had 2 section 7's both took months and months to complete, I lost count of the times I met with the Cafcass worker. They spoke also to doctors, Health visitor, police etc. They have a duty to assess safeguarding and outline recommendations to manage risk.

I'm wondering if this is the initial safeguarding letter and the recommendations are to restore contact subject to section 7 + final hearing?

It's definite a section 7. She mentioned that she had spoken to police, who say DV is on going live issue, and spoken with nursery and crèche but seems to have done it all within a month or so

@jao16 I am in a very similar situation as you are... I even wonder if we had the same cafcass officer... you can always appeal the s7 report and cafcass recommendations IF the judge goes with cafcass... your solicitor should be defending you to protect child from being kidnapped.

Kidnapped is quite a strong allegation.

Some people said my ex kidnapped our daughter when she was 7 months. I think she just didn't want to share.

My brother was accused of kidnapping his daughters and there was an emergency hearing. Because of the nature of the allegation he had a district judge, as did I, and they are better at seeing through people.

Having shared care 50/50 of a 2 year old there is no way an abusive man is going to kidnap a baby/toddler as they require bundles of empathy, care and patience. I just don't see how an abusive man would have any interest in it to be honest.

Thank you for sharing your views and own experience. My ex for example has made threats to take away our child and that I would never see her again. When I found the courage to ask for divorce he was scary and has gone wild saying that he will do anything so I don't see our child again. He breached court order and was 3-4min walk from my "safe unknown to him" new place. He was with another scary guy who was staring at me... whether he is going to kidnap/abduct/take away our child or not, the effect is just the same.