Can Cafcass do this?

[penny755]

So I have a child from a previous marriage, younger child from second marriage.

Initial Cafcass report for younger child just done, and has made reference to previous Cafcass involvement and parts of the allegations made by my ex husband against me. They are MH related and were unproven at fact finding, he basically said I was unstable etc, GP said otherwise.

I am really annoyed that Cafcass have included this in their report for the current issues, it’s not relevant to my younger child especially given that it wasn’t proven at court? If I was proven I could understand but it wasn’t.

Is there anything I can do about this? My more recent ex is abusive and the thought of him having anything he can try and use “against” me is upsetting.

Bump

You could contact Cafcass and state that there was no finding of fact on this issue, but it also could be challenged in court as well.

Thank you. Yes I will definitely get my solicitor to bring it up in court, but that’s a month away and in the meantime my ex has been sent this document.

If it’s not been proven I don’t understand how it can be included? It’s been referenced that my ex husband said I had mental health issues and was difficult with contact but neither proven… my ex h and I always had 50/50 there or there abouts so I’m not sure how I was difficult with contact and it was unproven anyway?

Such a stressful time and I appreciate any advice

Hi again i am not a solicitor, I ran DV services for many years and supported many women who have had to run the horrendous mill of the family court process.

Glad you have a solicitor.

It is a very common tactic to claim the mother has MH issues.

And Courts do not take Cafcass reports as de facto.

The sad fact of the matter is the process is the punishment, abusive males are prone to using courts as an extension of the abuse.

Whilst it must really piss you off see it as the last vestiges of the mans attempts to control your narrative.

I know it is hard but, try to remember that just because he says something does not mean he will believed. All these documents are confidential.

The point that a perpetrator leaves you alone is when they find someone else to abuse.

I wish you well.

Thank you so much for your comments, I really appreciate it x

Cafcass are utter cunts.
Ime.
With a capital C
Cunts.
To make it clear...

I feel like I’m being “gaslit” through court now.

I’m just very upset that cafcass have given my abuser ammunition.

Cafcass senior officer and dc's legal guardian admitted on the stand his whole 4 year case was built on 'facts' he got from my exh...

Men don’t used family court to abuse women. I assume most of them use family court to acces their children.

My daughter who now lives with me would be in a massive pickle if I had no resort to family court.

If you want to help women who have been abused, which is admirable, it might be better to have a more realistic understanding of people’s motivations for using family court. Suggesting people are victim of sometimes innocuous motives is not helpful.

@StockportDad the OP clearly stated that she was in an abusive relationship. Abusive males do use the legal system to perpetrate further abuse that is a much researched fact.

it is correct to say that not all family proceedings issued by men are for the purpose of abuse. I agree with that.

Whatever your own personal circumstances are, is irrelevant to this poster who is seeking support.

How very dare you come on here to share nothing of use.

Which i can safely surmise is in of itself an abuse.

So kindly go away.

@StockportDad And you speak for all dads do you? Because trust me, many people use the family courts to continue abuse. Note that I am not using the term Dad or Mum here as it can be either who intentionally weaponise their children as a revenge tactic. And Cafcass are not fit for purpose and fail time and time again to recognise such.

Abusive males do use the legal system to perpetrate further abuse

Especially in cases where they have more financial/legal resources, often because they have been earning while the mother has put their career on hold to have/raise kids.

Although it's probably fair to say that vindictive women also abuse the legal system in similar ways. I know a man who spent six figures on legal fees fighting to get and maintain fair access to his son after a serious relationship breakdown, money earmarked for the child's education.

What analysis are CAFCASS making now including this information? Is it part of outlining case history or is it being used to evidence current issues? Context I suppose is what I'm getting at. As there was a fact finding hearing previously, which actually don't happen that often, I'd want to know about it for a current case.

And whomever said men don't use the court process to continue to abuse women...utter bollocks. Abusers do, 100%.

Edit...agree with Velmy .. women also use the system in other ways.

Well someone made a very broad generalisation rooted in extreme bigotry which I am allowed to to call out.

Am I not allowed to voice an opinion?

I am sure some men do use family court as an abuse mechanism but to suggest men as a collective are only interested in family court to perpetuate abuse is the definition of bigotry.

I find it harmful that someone with such a distaste for men gives advice to potentially vulnerable women which could make their situation worse.

working within DA requires a good handle on one’s own biases.

My previously well presented and collected exh tried to take a swing at me from on the stand.. Security were called...
So even literally men can try and abuse their exes in court...

Beg to differ on the use of family courts as an abuse tool by abusive men. Absolutely common practice, ime. Costs should be made against these people much more often as money is something that hurts them

I think as someone else has said, context and their analysis is important. Are Cafcass just setting out their previous involvement with your family and have they included that there was a fact finding which disproved the concerns? Or have they said you have a history of mental health difficulties or something along those lines which is factually incorrect?

If you are submitting your own statement you can note the finding of fact in that.

The family court is 100% a tactic used by abusive men against women.

Cafcass are instructed by the court to do research into the people involved in the proceedings.
You can inform the Court that an allegation of poor mental health was claimed by your ex and it was found to be false, you have GP evidence to support this.

The fact that OP is worried about this shows how abusers target their victims through Court proceedings.

@ContactNightmare I agree, but in order to do that the abuse needs firstly be recognised. Cafcass are consistently failing at this first hurdle.
No amount of compensation in the future will ever make up for time apart from my children and I know I am by no means alone in this. Additionally, it's still a stigma as a mum apart.
This is not a case of gender-dependent abuse, however - both men and women can fool the court system as it stands. We need to stop labelling it as such and stand together to call it out.

Thanks all for your thoughts.
so the clarify, although it doesn’t state explicitly I feel they are implying there is a pattern with me if that makes sense?- it notes there were allegations of me being obstructive with contact in previous proceedings, that I’d also made allegations of dv and sexual abuse against my ex h (in fact finding he admitted the dv which occurred in front of child, did not accept the sexual assaults. These were reported to police and he was interviewed but nfa due to evidential difficulties, I stand by this happening, it happened and I reported it before any court proceedings- was reported shortly after it happened). Anyway. In terms of contact my ex h and I had 50/50 well before any child proceedings; this was mutually agreed. He decided for some reason during the fincial proceedings with the divorce to go for full care through court… no idea why and he didn’t get it- I suspect financial motivations maybe. I was not obstructive with contact, hence us having 50/50 by mutual agreement after the split? He made allegations about my mh (I have anxiety and depression, the allegations were unproven). No social service involvement or concerns from any professional ever with any of the children. I work and am functioning.
theyve mentioned this was unproven.
Unfortunately there are similar allegations in the current proceedings, I reported abuse to police from youngest child’s father- this was before our child was even born, including a sexual assault. I had injuries, I attended SARC. I didn’t know I would end up in court proceedings back then. It’s the feeling it’s implying a “pattern” when the only pattern is that I’ve been in two abusive relationships. I’ve done a lot of work on myself and was referred to the freedom programme which I completed- I haven’t had any other relationships as i have been putting myself and the children first, I don’t fully trust myself to spot the early signs and I just don’t trust men full stop on a personal level and won’t put myself in that position again. Hope that makes sense.

And I have offered the youngest child’s dad contact in the past, he continued to be abusive towards both myself and our child, he was not reliable, he wasn’t that interested to be honest went long periods with no contact off his choice: my other child is much older (high school), younger one attended nursery daily as I work, I work in a professional job- no one has ever raised any concerns about my children they are happy, well behaved, get on well at school and nursery- we are just a normal family? I still take medication for my anxiety and depression, I never had this until the abuse in my first marriage. Before that I had no problems my entire life. But I still work I actually work in a safeguarding role I work with vulnerable adults and children and no concerns ever raised about me. The youngest child’s dad is seeking full care of her, and is saying I’m volatile and unstable and will cause our child emotional damage.

@penny755 I hear you. The courts ruled 50/50 and then, following further opportunity to alienate, majority custody.
I have been a primary teacher for over 20 years. Now a SEN Tutor working with the most vulnerable children in society.
It really is unbelievable.
And as for your anxiety and depression...surely this is to be expected when you're facing such unfair treatment and having to fight for your children? Only those who have lived it understand.

Your anxiety and depression are circumstantial OP. If the men in your life weren’t abusive you’d be OK.
There are sooooooo many men that exhibit this behaviour.

She said “abusive males are prone to using courts as an extension of the abuse”. Not all males - abusive males! Are you an abusive male? If not, it doesn’t apply to you does it?

You are absolutely correct.i misread the statement which was my fault.

My apologies.