Challenging a CAFCASS Section 7 report

[jao16]

Has anyone here successfully challenged a section 7 report done by cafcass in court? Long story but my ex and I have been separated since baby was a newborn as he committed a violent DV act on myself when baby was present. Also long history of abuse towards myself and baby, plus two threats to kidnap baby. All of which he has been found guilty of, two counts of battery and all allegations found to be true in fact finding hearing.
Cafcass have decided that after an hour phone call with my ex and I separately, that ex is to have supervised contact for 6 weeks then contact in the community. Despite 3 different judges over the last 3 years saying no to contact. She has completely over looked the serious concerns and minimised the whole situation. Is there anything I can do? I feel so helpless and my anxiety is sky high. Baby is not even 2 yet and hasn’t had any contact since being a newborn as the risk of kidnap and harm is too high. Help please?! Xx

First thing, if the risk of kidnap is high you need a prohibited steps order. This will stop him from taking the child from your care or anyone else’s care you have trusted (school, grandparents etc) without permission.

Secondly you can absolutely challenge their report.

Was he convicted of these things criminally? If so what sentence did he get? Do you have a restraining order?

All of those things the judge will factor in. The fact is that unfortunately the judge usually does go with what Cafcass recommends. Do you have a solicitor? They will contest on your behalf.

I’ve been through similar so I’m happy to share anything if it will help

@Fluffyunicorn1 thank you so much for your reply. He was convicted of two counts of battery against myself. And in fact finding it was found to be true that he did make two threats to abduct him, he did abuse him emotionally and physically. I have a restraining order as part of his criminal conviction, which included a prison sentence.
I have a solicitor and have told them why I don’t agree with it, so all I can do now is hope and pray that the judge will take into account what I have to say. I’m just so anxious at the moment and worries for my baby’s safety. 6 weeks I’m sure he will be on his best behaviour and then it’ll be unsupervised and I’m worried what will happen.
Cafcass have said that yes he did make threats to kidnap but he wouldn’t have carried out with that threat at that time. I just don’t get it. Thank you again for your reply

Oh that annoys me. How can they be sure he wouldn’t carry out that threat?

Hopefully your solicitor will be able to out all the points across correctly.

If he does get any contact make sure to get a prohibited steps order due to the kidnapping threats. That will at least protect your child from being abducted by him

@Fluffyunicorn1 thank you, my point exactly. He’s originally from another country as well and when he was arrested had passport and visa on him as well.

If he does get contact does that mean he can take him on holidays etc, and also abduct him if he wanted to? Does prohibited steps stop him from taking him on holidays etc? Thanks

A prohibited steps order stops him from doing anything without your permission. He would need your permission to take him anywhere overnight. So he couldn’t holiday in the uk without your permission. He also has to stick to what he says. So if he said he was going for a weekend away and was leaving Friday and returning by 5pm Monday he would have to have child returned by that day and time.

It also apples to school, grandparents and any other person you have trusted to care for your child.

I have one on my ex, he can’t pick the kids up from school or anywhere else, can’t take them anywhere without my say so as he also threatened to keep them. However, he was only awarded indirect contact but it was still important to have it in place just in case he does get contact in future

@Fluffyunicorn1 okay thank you for clearing that up. I have asked my solicitor for that and she said to see what the outcome of this court will be. So hopefully if he does get the supervised contact then I can apply for this.
Thing is, after the first chat with cafcass she said she was looking at indirect or no contact as the risk is too high and will always be there. Then since speaking with ex she has said supervised for 6 weeks then no supervision. I’m just gob smacked tbh

Hey! I was wondering how it all turned out in the end?