Very worried that CAFCASS are not checking father's lies

[NooNooMummy]

Had another telephone interview with CAFCASS. Am shocked and very worried that CAFCASS seem to be accepting father's lies about me and about the situation. What can I do?!!!

I've already provided documentary evidence that shows the extent of ex's lying. But they seem not to have read any of it. Am alarmed that these facts are going unchecked and that lying ex's statements are being believed or at least given the benefit of the doubt! I appreciate that CAFCASS are overworked but it's my daughter's well being that's at risk here - I've already experienced a court order being made hurriedly without reference to facts established at previous hearings...

So, CAFCASS's s7 report will be delivered next week and I have a week to respond to it but surely the damage will already have been done once the report is written and my response to it will have very little effect?

And, I end up coming across like the deranged, hysterical woman. What can I do?!!

Thank you.

Bumping...

Following as in similar position

Seems everyone's too busy enjoying the lovely weather to
respond! 😀

Sorry but don’t think there is much you can do now. I had similar and wholly believe they release the report close to court date to ensure they’re not going backwards and forwards between parents. If there is a significant FACTUAL error then they will consider it but mine was ignored.

Only option then is to request the CAFCASS officer as a witness and refute their statement on the stand. Whilst it’s not allowed, I recorded my conversations with cafcass to go back to for reference only. Did you record? In the end cafcass wasn’t interested in my case and didn’t come to court as no safeguarding etc.
Do you have a barrister? They should be able to take them apart with factual errors and procedural discrepancies.

Just to add, whilst it’s preferable to have cafcass on the stand to point out inconsistencies you can just tackle them at the final hearing. Not sure how effective it is but if serious then they will consider it.

Did you tell cafcass you were recording the meeting or just did it quietly?

MOST DEFINITELY DO NOT TELL THEM.
It’s not allowed and frowned upon. Just accept you can’t use it as evidence, even to refute bare faced lies.
It’s just for your reference.
I record everything now, from school to doctor. It’s been invaluable.

Thank you

Parent999
Let's hope you don't get found out making secret recordings. You'll end up in a great deal of trouble 🤔🤔🤷🏼‍♀️

I hear ya.
In my defence if I hadn’t been recording my ex then there’s a strong possibility I would have been seeing my daughter in a contact centre rather than joint residence.

@Parent999 can you explain how it helped because you said that you can't use it as evidenced?

I can’t use anything I record with cafcass, schools or doctors etc but with the ex I could. I can’t go into detail but I began recording ex when it looked like we might go to court. Sure enough she tried something and said it was me being abusive. Whilst the recording hadn’t been submitted, my barrister had several recordings that showed the accusations were quite the reverse and used the threat of them to great effect in court.
They were actually from a dash cam which records all the time so we’re admissible but weren’t needed as evidence in the end.
For the rest I have an app and it’s very useful, I recorded mediation and it was useful to go over it to work out what arguments the ex was going to use.

On a side note, I don’t think I’ll ever reconcile with the fact I have to protect myself from someone I would have given my life for. But hey, it worked out best for my daughter in the end

Highlight anything that isn't true. Take the report to your solicitor.
After a gruelling 4 year case I exposed a senior cafcass officer as being a liar - on the stand- when my barrister had him admit his entire report was based on 'facts' from exh when he was supposed to be impartial /side of the dc.
You can do this op.

Thanks everyone. I'm a bit sorry that this has turned into a separateddads.com-type discussion about how to record your ex but anyway...

Report is due tomorrow. Fingers crossed it'll be impartial and based on facts. I just don't have the energy to fight about this too if it's horribly inaccurate/ accepts ex's lies as facts.

How did the report go? Hoping it went well.

And yes sad about the separateddads sideways thread

Worryingly, the report contains lots of information which I know to be untrue, about which I've provided evidence to confirm that it's untrue but which the CAFCASS officer has chosen to record in the report. Unfortunately, various other significant facts, similarly confirmed via actual evidence provided by me, have have not been included in the report. I sent off a list of these significant factual inaccuracies to the CAFCASS officer and will provide them. In my written response to the court that I have to submit on Monday. Frankly, I'm pretty shocked and I've no idea how this is going to go. Next hearing is next Friday. Feel like I should just roll over and not challenge anything because it doesn't matter what anyone else thinks and they can believe ex's lies if they want to. But it's my daughter's emotional well being that is at risk. 🙁

Is it too late to get a barrister? (A domestic violence agency offered to support my application for legal aid but I chose not to go down that road).

Meanwhile, the CAFCASS report states that there is no evidence of domestic violence being a current issue nor is there any imbalance in power. Yes, if you dont bother checking the extent of ex's lies and accept
them as facts....

I don't want to have to be the crazy, aggrieved woman in all this.

Get a barrister. You can't chance this. Find the best one you can and put it on your credit card if you have to.

I was prepared to represent myself but had no idea the lengths my abusive ex would go to so I got a recommendation for a really good family law firm and am using them. I actually had to get another job on top of my main job you pay for it but it's really helped give me peace of mind. Especially in the court room. I wouldn't risk it as this decision will be forever so you can't chance that not going in your favour.

When's your hearing? I got mine with only ten days before first hearing.

This sounds exactly what I’m going through at the minute, my ex was abusive and controlling we’ve been apart now for 3 years and he’s now taking me to court to try and get a change of residence to have our child live with him , he’s never let the last year rang ss on me twice nothing happened though never been involved with them in my life , now trying to say I’ve bad mental health I’ve barely spoke to the man the last 2 years . I’ve never had bad mental health why are cafcass believing him I don’t know what to do and how to handle it in court .

Thanks Hulaboo and everyone.

Yes, it's so worrying.

Here's just one example of unsubstantiated claims by ex included: apparently, I've been suicidal in the past and I discussed this with ex. (I've never been suicidal. I certainly would remember that... So, how could I have ever discussed that with ex...? So, without any evidence, CAFCASS have thought this is worth mentioning in the report. Yet, actual events, confirmed by documentary evidence and which are pretty significant eg ex has repeatedly cancelled contact at short notice and has chosen to go for months and months without any contact... this is not worth mentioning anywhere in the report!)

Bonkers! Exhausting. I think I need to find a barrister 😱

If I can offer some advice, I wouldn’t worry too much about things like that. Simply get your GP to write a statement saying no indication of the claims made. The responsibility to prove such claims is on your ex. Make enough false claims and they lose credibility.
It’s important to remember that CAFCASS are just reporting what your ex has said. Try not to take it personally, you’ll get your day in court to correct these things.

Op if you are NE I can def recommend one...

Thank you everyone. I did wonder about whether CAFCASS were being subtle ie they stated things using the phrases 'Ex reports...' 'Ex has concerns that...'

But still, the overall impression is so unhelpful. And unforgivable when significant things that I've actually evidenced, aren't even mentioned...

Jeez...

I can recommend representation SE if you like.

You can ring cafcass to add to the report if you've forgotten anything and amend anything in your position statement.