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How likely is a Cafcass children's guardian to agree with an independent experts recommendation on contact?

13 replies

FeelingLost2 · 05/02/2023 21:56

Brief overview.
Father has supervised contact on going for three years now owing to serious domestic abuse and child abuse against a then toddler.
DD is approaching 5 years old nearly.
Cafcass section 7 recommended that contact is to remain supervised (no increase either) and an instruction of a psychologist to undertake psychological evaluation of both parents and to provide a recommendation on contact.
Psychologist has made findings via assessments that the father has a personality disorder, is highly likely to reoffend and remains a risk to child and mother and therefore has made a recommendation of indirect contact as a long term measure as there is no safe way to progress out of the contact centre. Psychologist has noted that the fathers sheer lack of remorse or acknowledgement has shown any therapies or courses she recommends are highly likely to be ineffective.
Children's guardian is visiting mother and child at home soon followed by observation of fathers contact and contact centre and will write her final report based on the findings of the psychologists report predominantly.

Mt question is, how often do Cafcass guardians agree with the experts recommendation when of course it has been them who recommended in the first place?

I of course understand that ultimately the Court decides, but the guardian will provide the final report and the psychologist will be invited to the next hearing to defend her recommendations and be cross examined as the father will of course contest this.

Any guidance would be greatly appreciated.

OP posts:
lilyfire · 05/02/2023 22:02

Guardian is very likely to make recommendations in line with the psychologist’s report - assuming it’s all well thought out and there’s no particular evidence contrary to the expert’s opinion. Guardian and the court should take the expert view about risk seriously and are very likely to follow it.

FeelingLost2 · 05/02/2023 22:06

There is no other compelling evidence other than positive contact reports where DD has engaged in contact, but the psychologist has noted this is due to me and the reassurance I provide her leading up to and post contact where she is aware I am coming back. The psychologist has noted this is a huge burden on me with my struggling mental health exacerbated by him (ptsd and generalised anxiety).

Think I'm just really worried the court may gamble and give him a chance.

OP posts:
RedHelenB · 05/02/2023 22:29

Won't the child be confused about no longer seeing their Dad again? You'd have thought the psychologist report should have happened prior to the decision to use the contact centre.

FeelingLost2 · 05/02/2023 22:45

This has been addressed in the report also in that DD has been placed in this awful position by the court. The judge who ordered the supervised contact made a grave mistake and disregarded the original Cafcass recommendation in the safe guarding letter which said no interim contact should be ordered.

OP posts:
Zola1 · 05/02/2023 22:52

The CG would be wildly insane to go against such clear recommendations from an expert witness. It would have to be very much based in fact...if there is no clear conflicting evidence then I would say the psychological assessment will stand.
CG are social workers employed by CAFCASS..I've never gone against a psychologist yet!

FeelingLost2 · 05/02/2023 23:06

Zola1 · 05/02/2023 22:52

The CG would be wildly insane to go against such clear recommendations from an expert witness. It would have to be very much based in fact...if there is no clear conflicting evidence then I would say the psychological assessment will stand.
CG are social workers employed by CAFCASS..I've never gone against a psychologist yet!

Are you a children's guardian?

OP posts:
FeelingLost2 · 06/02/2023 10:30

If anyone else can shed some experience/light would be helpful.

OP posts:
Mustbetalkingtoanangel · 06/02/2023 15:22

bump

FeelingLost2 · 09/02/2023 20:50

Bumping again

OP posts:
Familycourtstresser · 20/05/2023 23:27

Hi! Currently in a similar situation. We have a guardian and currently waiting for psychological assessment report to be sent over.

did you get any update on your concerns? Have you got any further forward?

BSB30 · 20/05/2023 23:30

I can't comment specifically on your case but in my husbands, the guardian went against the psychological report.

Psychologist recommended supervised contact for my husband (with no basis) and the guardian didn't agree with it as it was too harsh given the circumstances.

Courts usually go with the guardians recommendation.

FeelingLost2 · 21/05/2023 11:07

We've been listed for a directions hearing towards the end of the year which will make our psychological report nearly 11 months old so I really don't know. The Guardian has met our daughter and did a wishes and feelings session with her. She commented the psychological report was highly negative and critical of the father and he was intending to dispute everything. The Guardian put in her section 7 that a psychological report would inform her final decision. I've met her several times and whilst I do not agree with certain things she's written or said about me..she's made no mention of unsupervised or supported contact. She said she is glad there is the physical evidence of his abuse of DD but then I can't read her.
She said during her observation of contact with father our daughter wasn't very engaged with her and just didn't seem bothered hence why she wanted to do the wishes and feelings session. She is aware of the current struggles I have with DD including her difficulties in sleeping through, that I've referred her onto CAMHS for an assessment for suspected ADHD. She is aware my daughters father has never looked after her alone overnight (I was always there) I really do not know what she will recommend.. it'll either be contact continues as supervised for the duration until such time DD is less vulnerable or that she believes he's truly changed and is sorry and gives him a chance.. I really don't know.

OP posts:
Familycourtstresser · 21/05/2023 11:11

It’s just a nightmare that they leave you in the dark with no real answer or knowing intentions.
I really hope it all goes well for you and that your daughter gets what she wants and needs out of the situation

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