Cafcass Issues

[CMcallen]

My Husband had a call with Cafcass last week. He has a child arrangements order and is taking his ex to court over numerous breaches and also a slight variation due to a new job. The arrangement order has been in place since 2016.

The Cafcass Officer insisted on discussing numerous false allegations that have already been discussed prior to the arrangement order being granted 3 years ago. She then stated she would be putting in a recommendation that he does not have his Daughter overnight. He is devastated.

We have clear evidence of parental alienation but each time he tried to discuss this she interrupted and said that it's about his Daughter not his ex but it was all relevant to the point he was trying to make.

The Cafcass Officer also brought her own personal opinions in to the conversation when they butted heads over a certain point. Aren't they supposed to be impartial? She was very one sided and is due to speak to his ex this week.

Nobody seems to be listening to him, everyone seems to be more interested in bringing up all of the ludicrous allegations his ex had made, none of which have ever been upheld.

His ex has even got someone to look at my Instagram (she is blocked) and exhibited pages from it to the court.. How is that in the best interest of her child?!

I can't bear to see him so upset, he is a good Dad and doesn't deserve this. Has anyone ever complained about Cafcass?

Parental alienation isn’t recognised as a ‘thing’ in UK courts. If he used that phrase, it is probably understandable she dismissed it. And she’s right, it isn’t about the ex, it’s about the child in question. Shouting about parental alienation is focusing on the actions of the ex, not the needs of the child.

His ex has even got someone to look at my Instagram (she is blocked) and exhibited pages from it to the court.How is that in the best interest of her child?!

Surely it depends what is on your Instagram account? On the face of it, it sounds like it would just be ignored by the courts but it does depend what she’s trying to say and how your photos/comments could be read and (mis)understood.

Yes, the Officer should be impartial in so far as it is her job to see the two sides and make recommendations in the best interests of the child as she sees it. Unfortunately that often means one side is disappointed.

If you want to complain about CAFCASS, you will need to have a look at their policies which should be available online. You need to look carefully at what constitutes grounds for complaint and form an argument around the most relevant. I would suggest if your husband feels the recommendations are unreasonable or based on false allegations, you need good legal advice to help fight it or at least seek the help of an experienced McKenzie friend to form a child- friendly response when back in court.

Out of interest, what changes does he want based on his new job? Is the ex able to accommodate the changes without it putting pressure on her from a financial perspective? Or will the child need additional childcare your partner is expecting the ex to manage?

Parental alienation is indeed a thing. The CEO of CAFCASS has spoken about it over the last few months and it is on the CAFCASS website.

However, as you’ve found out, that doesn’t always count for a lot.

Do not put your energy into complaining about CAFCASS. You will lose.

If I were you I’d move heaven and earth to get some legal advice from someone who knows what they’re talking about.

The scenario he was trying to explain with regards to parental alienation meant that he had to mention his ex and Cafcass totally shut him down.

He was challenged on every allegation that has been made against him no matter how historic yet he wasn't even able to mention her which seems wrong.

With reference to the Instagram I made a flippant comment about 'clinging on to my sanity' and she is trying to use it in Court to say that I have mental health issues. Clutching at straws it seems.

With regards to the variation it is one day a week where he doesn't pick his Daughter up from school, she used to attend an after school club but no longer attends and he physically cannot get there in time due to work. His Daughters older stepsister collects her from school and this has been the case for some time.

There is also an enforcement of breaches on the table as he has been prevented from seeing/speaking to his Daughter from November until March when an interim order was granted at the first hearing. He now sees her once a week for limited hours.

With regards to legal advice it's just not possible, the bills from previous court visits have already cost thousands..

I appreciate that. I have been there myself. And it seems like if you don’t find it from somewhere, it could all go against you. Some CAFCASS officers have very fixed views on pa. It’s impossible for people to accurately advise without sight of the case documents.