Cafcass recommendation on school and living arrangements for 3 y/o.

[WarmingUp]

Morning,

My ex and I separated 14 months ago. My daughter and I moved out (he kicked me out) and went to live with my parents, 26 miles away. Since then, my 3 year old daughter was seeing him 4/14 nights due to his work commitments, she was due to start school this year, however, I wanted her to go to a school closer to her primary home with me, he wanted her to go close to him. 9 months into our separation he filed a Specific Issue Order for schooling, they court recommended a S7 cafcass report, when this came back it was all lies on his part, he had accused me of withholding our daughter, limiting contact time, however, this was all due to his schedule not me withholding. There was also an independent DV report on coercive and controlling behaviour as well as physical from when we were together (him against me). The report was very messy and a district judge ordered an addendum focusing solely on the school issue.

The addendum report has come back and has recommended a total change of living arrangements for our 3 year old. He has proposed and the cafcass worker has put into her report as her first recommendation that our daughter lives with him Monday- Friday and attends a school close to him, the alternative would be to “leave the child in the care of her mother and attend a school close to her”. the judge has said she needs good reason to come away from this recommendation. The cafcass worker will be at the next hearing for cross examination.

This turns my 3 year old daughters life on its head, she would have gone from living 10 nights with me to living only 4 nights with me. I have never stopped contact or overnights with her father and I believe 50:50 is something we could work out based on his work schedule, but surely they can see how much this will affect a 3 year old? The transition from starting a new school as well as her living arrangements. I am totally heartbroken for her and for me.

Does anyone have advice or experience with a judge not taking a cafcass recommendation?

thank you.

I’m not a lawyer but in your position I would have a re-think here as there seems to be a genuine risk of you ending up with less that 50/50.

Is the only cause for concern for the school he is recommending distance? If so, is there any way that you could make it work either by travelling or by moving? I know it’s not an ideal situation but I’d really consider accepting the school but fighting the contact change.

Secondly, if he is complaining that you’re withholding contact, I’d get together some really clear evidence that you’re not. For example, texts when he is turning down time because of his work schedule etc.

Thirdly, if you’re on any sort of speaking terms, I’d text him and ask him about what childcare he will be using on his days, to make sure that he’s clear that if he is awarded more contact that he’ll be responsible for that contact.

Thank you for your reply, I have a barrister for the next hearing. I just can’t see how this split would work in our daughter’s best interest and I am genuinely concerned that I will be losing a significant amount of time. The judge has said I’ve got the better end of this with every weekend but she said she can’t understand this recommendation and has never granted this before so wants to know what reasoning the cafcass officer came to.

I can travel as can he, she has not yet started school so either option would be viable however she has chosen a school closer to his residence.

All evidence regarding withholding contact etc has already been submitted to the court.

He has said he will not be needing wrap around care and he will collect our daughter every day and work from home while he is on the laptop.