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Final Hearing - Cafcass report rejected by ex

11 replies

R2MA · 08/09/2019 22:03

Hi I have my final hearing coming up. My ex has rejected Cafcass report and so this is contested hearing. My children are unhappy going to his and have reported to school and Cafcass that they are scared of their dad. It’s been nearly 10 months and they still haven’t settled into alternative weekends. Both children have general anxiety issues, one has been in therapy and is being supported by child and adolescent mental health.
I’m petrified of the cross examination and given his track record the character assassination. I know I have worked so hard to support and encourage the children but it’s all been too much. I’ve begged my ex to take a step back to enable us to move forward but instead he demands more. Anybody got a similar experience and insight into the day in court and on the potential for the magistrates to go against Cafcass? TIA

I want the kids to have a relationship with their dad, but a healthy one based in love and respect.

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soniamumsnet · 10/09/2019 14:30

Hi @R2MA just bumping this for you, so hopefully some Mumsnetters will be along soon with some advice. Flowers

Blubberbutt · 10/09/2019 19:14

No experience with this, however, going through the court process now and it's draining.

Social worker is writing a section 7 (due October). Both kids currently on child in need plans.

R2MA · 10/09/2019 21:13

Blubberbutt it’s mentally and emotionally draining so I wish you well on your journey.

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R2MA · 14/09/2019 13:16

Bumping in case anybody can help

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atomicnotsoblonde · 14/09/2019 21:42

I had a contested hearing. I was cross examined for hours, it was brutal, be prepared. Stay child focused and you will be fine.

My Cafcass officer was rubbish on the stand, but the court agreed her, fairly draconian recommendations of no direct contact.

Worse day of my life - but, we made it and things are getting better now. Don't be scared of the hearing, but do be ready. Know your position and rationale for it inside out in a calm, child focused way.

Good luck x

R2MA · 14/09/2019 22:05

Atomicnotsoblonde thanks for the pep talk. My legal team don’t really know from his statement what his argument is so we are flying blonde. He tried the alienation card but that was thrown out last hearing. I want him to have contact but to take it slow and steady not just demand and expect. Everything is100 mile an hour with him. I hope he gets Cafcass recommendations as that might give us stability to work from.

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R2MA · 14/09/2019 22:06

Blonde=blind

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Starlight456 · 15/09/2019 00:01

My ex withdrew from the court case . However the Cafcass lady said while the court doesn’t have to follow Cafcass it is rare they go against.

How old are the children? The older the more likely they are to be listened too.

R2MA · 15/09/2019 13:14

They are 8 and 10 but the Cafcass officer said in the report how emotionally mature and articulate they both were and how impressed they were with their their verbal reasoning.

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Starlight456 · 15/09/2019 18:25

Fingers crossed they will be listened too

SiempreDot · 17/09/2019 14:22

I'm currently going through my second court process due to ex's emotional abuse and harassment. I've just had my phone call with cafcass, it was really dreadful. Could really use any positive stories about where judges didn't go with cafcass recommendations.
For a start, I described ex's intimidation, lurking outside my house, bombarding me with hand delivered letters, taking son without consent and getting his solicitor to email me after 5pm saying he wouldn't bring him home. She basically said she couldn't see why I felt this was problematic or intimidation. Everything I said she countered with with his dad's perspective so I couldn't say anything without it being contradicted by her which I felt extremely unfair because she'd obviously not done that to him because she'd not spoken to him yet. Her one sense of outrage was that my son (just turned 3) occasionally tries to breastfeed when he feels anxious or upset and told me this is highly inappropriate and I should stop. Total value judgement, it was really upsetting. I feel really let down

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