Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Can I appeal or stop a section 7 cafcass report?

4 replies

horsesandterriers · 03/04/2022 19:04

The court have ordered a Cafcass section 7 report on our children.

It is extremely frustrating as it is the result of 2 errors that I flagged up to my lawyer immediately when they occurred. But he said 'not to worry' and didn't do anything about it.

I'm really wanting to know if there is anything I can do to overturn it?

The reason being, we had a hearing last week where the judge was going to wrap the whole case up on the spot. Then he discovered that following a paper hearing the judge had ordered a section 7 cafcass report. Both the judge and our lawyers were surprised as there are no safeguarding issues in our case, and it is only a straightforward minor issue.

So he had to delay sorting the matter out until the section 7 report has taken place in 3 months time. Then it will be a different judge hearing our case at that point.

We also have a hearing next week for a related issue, where again I am fearful the judge will delay making a judgment as he awaits the outcome of the section 7 report.

I am so frustrated as the report has been ordered based on two errors which I highlighted at the time.

One is that it said I wanted a complete change of name from father's to mother's surname. That's wrong and I said so straight away. I only wanted the name double barrelled- and I am also happy to drop it.

The second error was that the safeguarding letter had both mine and my ex's responses to the questions. But then it included a whole extra page of a4 of his points, accusing me of having mental health problems which is completely unfounded, and wasn't balanced out with my side in any way.

I objected about this straight away, but my lawyer said don't worry about it.

Well now I am worried as a section 7 has been ordered. It stopped an outcome being made in my hearing last week, and may also stop an outcome being reached next week.

I just want to know if there is any way I can appeal or object to a section 7 being ordered and ask it to be dropped?

OP posts:
Pebbledashery · 03/04/2022 19:11

As far as I'm aware, if it's court ordered there is very little you can do to stop it unless you formally appeal within 21 days. My suggestion is to cooperate with cafcass. Don't make it difficult. Be open with them and express what you have in your post.

Skeptadad · 03/04/2022 21:29

If you and your ex both agree why not drop out of proceedings?

I wouldn't worry about the mental health thing. It's quite usual for people to make wild allegations in family court. You wouldn't be in family court if you had two rational people working in a child's best interests.

Peapodx · 04/04/2022 11:11

Cafcass section 7
Only had telephone interview but they are coming to visit 4 year old at home.
They seemed to ask me more about the allegations ex has made than the welfare of our child.
Split was son was 6 months old. I suffered domestic abuse cohesiveness and gaslighting. Always tried to promote access but father just wanted to use this as an opportunity to continue abuse. Father has drink and drug problems and an insident that happened with our son made me stop contact. He’s taking me to court. He is allegedly saying I hurt our son. (Lies) and just making up so many things I believe to detract from himself. Failed drug and alcohol tests and tried to evade them. 10 convictions for 28 offences mainly drunk and drug driving offences. Warning markers on PNC for weapons, mental health, suiside, self harm, drugs, RUI for robbery ( used a bat to assault a male and steal property) causing 48 injuries.2 Intentional drug overdoses, tried to hang himself in custody. Banned from driving.
Our four year old doesn’t know him.
I would like to have faith that with this and the proof I have against him that they would see he is a threat.
He wants access and I say no.
Any advice with cafcass would be greatly appreciated

Peapodx · 04/04/2022 11:13

I’m sorry I’ve jumped on this post. I’m new and don’t know how to start my own discussion 😊

New posts on this thread. Refresh page
Swipe left for the next trending thread