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Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

CAFCASS Letter

13 replies

Pebbledashery · 26/11/2020 15:19

Hi All -
Following on from my previous threads regarding my current situation with ex partner and contact with DD..
Received a letter from CAFCASS.. they have written to the Judge to ask him to respectfully revise the order and to stop interim contact.....
The Judge basically ignored all of CAFCASS's recommendations in the first hearing...
How likely is it he'll listen to them? it is a 3 page letter with 12 safeguarding concerns...
There is due to be another contact session this weekend.. not sure what to do about it, Solicitor thinks I should still go but the Family Court Adviser said I should not until we receive notification that the order is revised..
What should I do?

OP posts:
Pebbledashery · 26/11/2020 19:07

Bump

OP posts:
handyandy1 · 26/11/2020 19:46

I would do what you feel is best for your daughter. If not going is best for her, don’t go. TBH I would be tempted to say she’s not well enough to go.

samb80 · 26/11/2020 19:53

How on earth did the judge not enforce the recommendations? What was his reasoning for this?

Pebbledashery · 26/11/2020 20:04

@samb80 basically because my ex is the applicant and I'm the Respondent mother. The applicants barrister always gets to speak first. She said how much of a huge role he played in her life (lies) how much he loved and misses her (also lies) and the fact we have to go to a fact finding which won't get listed until at least summer next year so it'll be close to a year he wouldn't have seen her. Ex partners Barrister said he would be willing to pay for an independent social worker once a week. Judge ordered it on that. Deviously his solicitor left out all my evidence and statements from the court bundle so the judge did not see it. My solicitor prepared a separate bundle and got a clerk to walk it over to the court but the judge said he didn't get it. So he didn't see anything at all.
Without being too outing the cafcass letter strongly insists a fact finding needs to be determined prior to contact being established because if fact is found and he still maintains he's the victim and contact is taking place its going to put us both at risk. Was quite shocked by the letter.. Wonder how the Judge is going to feel being challenged!

OP posts:
samb80 · 26/11/2020 20:39

Wow your ex is playing the system. Mine done the same. What's the point in bringing caffcass in if you're not going to take any notice of them anyway 🙄
You know if you just stop turning up to court they can't do anything. I learnt this after spending a fortune on solicitors. Family court is not like magistrate court, you have no legal obligation to turn up.

Pebbledashery · 26/11/2020 20:46

I know. I just hope the judge revises the order. Must be bad if cafcass have written to him don't you think?

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justanotherkid · 26/11/2020 23:53

personally i would do what the guardian tells you to do i the best interest of your dc,
if the judge asks what are you playing at say you had a letter from cafcass and as you werent sure what to do, followed their recommndation and waited for court.....in dc best interest

cafcass isnt 'challenging' judge - they are 'on the same team', cafcass is advising. the judge very very rarely goes against their recommendation.

Pebbledashery · 27/11/2020 08:35

Thank you. My daughter doesn't have a cafcass guardian. This was the Family Court adviser who did the initial safeguarding letter. After the awful hearing last week I rung her in tears and she received the draft order through the next day and asked to speak to my solicitor. I'm not sure, I'm in two minds until the order is revised his barrister can say I'm in contempt of court. I don't want to make up the fact she's ill either as I said to myself I'd never use her as a weapon. Maybe I could say on the advice of cafcass I think it's best we wait until the order is revised because I'm putting both myself and DD at risk?

OP posts:
justanotherkid · 27/11/2020 11:22

Has the judge appointed a cafcass guardian or do you expect them to at fact finding?
I would absolutely say on the advice of cafcass it's best to wait. Yes his barrister will jump up and down, you keep repeating that. The worst that will happen is that the judge says you shouldn't have waited and done X as per the court order, but hey ho its done now....there is no punishment per se that I can see in this scenario.
Ask cafcass if you are not sure, but then you risk them saying no send dd....
I would simply wait and oh I was doing as cafcass told me Wink was I not supposed to?

Pebbledashery · 27/11/2020 11:56

I don't think they will appoint a Guardian as my DD is only 2 years old.
Basically have sought advice again this morning - CAFCASS woman I have now spoken to has said it's my decision ultimately, although I am Court ordered, I can still make a decision based on what is best for my DD and my safety. It's my safety they are worried about quite a lot because ex partner doesn't know where we live and has a history of harassment and stalking. I told myself if he found out where I lived i would move again! I cant live my life knowing he knows where I live.
My Solicitor has said irrespective of what has been sent to the Judge a Court order is still in place, but we make it very clear to the ISW our concerns and that I am basically attending because I have no choice.

OP posts:
Pebbledashery · 27/11/2020 15:27

Feel really confused as to what I should do. Getting conflicting advice everywhere

OP posts:
IsFinnRogersDead · 29/11/2020 12:23

@Pebbledashery are you going today?

chocolateoranges33 · 07/12/2020 12:39

How are you pebbledashery? I hope you've had some answers from the court about the CAFCASS letter.

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