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Step-parenting

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Cafcass Report

26 replies

CafcassNightmare · 23/01/2021 23:17

So...

Exw has reported to cafcass she thinks he domestically abuses me. As part of a court case for her to get sole custody. As part of a report.

He never has. Report included me apparently declaring this to exw. Not true either. (And surely if he was who they declared him to be, unwise to say in a report he saw - knowing full well he was going home to his wife and younger children) .

End of the report declared "can not advise further contact" .

Now on thar basis he abided by that so as to not rock the boat and show he was complying.

Week later he accidentally drove by them without noticing. Hour later exw text saying how he should have stopped, should have come round to see them etc etc.

He explained he hadn't seen them. Would have stopped if he had. She could have called to let him know he had missed them, he would have turned round. She carried on over how upset kids were (9 and 12) .

She gave him more abuse back. He asked to please agree a stance here so he knew what to do for future. Text eldest to let them know the essential drive by wasn't intentional.

Both ignored.

Exw finally replied a few days later declaring that (despite her original text) no. He shouldn't show up. But he should have asked to.

But he didn't. Not because he didn't want to. But he is told by her constantly not to even message them as it stresses them out, so by default didn't want to just turn up at their door and create issues. And now with the cafcass report makes it more of a danger field for him to go against her and do so.

Yet when he doesn't, he is accused further of being a bad dad.

And what neither of us understand, if he was a domestic abuser, which is apparently confirmed by me, why would she want him turning up at her house to see the kids, and why wouldn't she be grateful when he drove past and genuinely didn't see?

I know if my babies were from an abuser, I'd not push for them to be seen by him. Let alone send abuse for not randomly turning up at my home or not stopping us on the street.

It just doesn't add up.

Whole report was very much a "mum said and seems factual. Father said and seems an allegation"

They even re-worded half of what he said so it came across as a "potential issue" . Despite him being willing to show medical proof or other evidence. Few times they even declared certain things he raised as "safeguarding issues" on mother's part, yet wasn't included in the report.

Not even sure what I'm asking. Just frustrated.

I don't think he is an angel, no one is. Not even me as a mum or her as a mum. But it feels like he is being set up to fail. He follows what he is told to in the hopes to calm things, he had a court order and followed that.

None of which she has liked. The more he complies while still holding boundaries up, the more it gets worse.

He will video call the kids (pre report) and it will be muted, they look up and then parrot similar to the mum.

In report it stressed she went for it, yet he hadn't fought for her to comply to it.

But when this got bad again he did beg her to go to mediation to resolve the issue. Which was ignored. He just had to wait a few more months to save enough to do the mediation plus court. As the last time she never showed for mediation.

Yes maybe on paper he should have applied for mediation and turn up himself knowing she wouldn't. But he wanted enough to cover all basis. We all went without this end to save that.

I think I'm just venting.

OP posts:
busface999 · 23/01/2021 23:20

Does he have legal representation? Sounds like he needs someone fighting his corner.

CafcassNightmare · 23/01/2021 23:26

Sorry if I'm not clear the "drive by" was near their house - not their actual home. So he wasn't driving by their home, just an area near. During work.

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CafcassNightmare · 23/01/2021 23:27

@busface999 no legal rep. Can't afford it even if we tried.

Best we have is that 90% of conversations has been over text. So plenty of contradictory messages there on her side.

OP posts:
titchy · 23/01/2021 23:30

Why are cafcass involved if there isn't a court case?

CafcassNightmare · 23/01/2021 23:31

There is. Mother is now going for sole custody. This was the cafcass report prior to that, currently waiting on court date

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CafcassNightmare · 23/01/2021 23:37

I will add if relevant or not, the children seem incredibly conflicted. One minute they are declaring love and missing their siblings, next he is blocked. With exw declaring nothing can be done about it.

Baring in mind there is nothing beyond chat and the odd "parenting mode" installed in said chats. Ie: eldest declaring TV should only be there's to control when here. Dh replies it needs be shared between all, and that shouldn't be priority anyway. Then blocked.

Rinse. Repeat.

Friendly just before Christmas. Presents. Then ignored again.

After trying his best to communicate, he does ask exw to please engage her side as clearly when blocked he can't.

Laughed at. Not her problem. Not their pa.

I get she isn't their pa, but she is their parent. As is he. And unless there was a big reason to ban contact, I know I'd be telling my two off for being so rude.

OP posts:
Hawkmoth · 23/01/2021 23:38

When DH's ex put in allegations about me we did get the chance to refute them. Didn't you?

CafcassNightmare · 23/01/2021 23:41

Its almost like its a game. Exw will declare don't do this or it will make things worse for the children, by nature he doesn't do that to try and calm things.

Does what she says. Then he's wrong for that. Doesn't do what she says and she gets angry.

Asks for mediation, to resolve things . Gets ignored completely. Despite numerous messages. Means he doesn't care. Then hello sole custody case.

OP posts:
CafcassNightmare · 23/01/2021 23:42

@Hawkmoth we are still waiting for our court date. They've told dh all cafcass reports need to be disputed in court. Including the few points he raised that did manage to wiggle their way into it all.

He has to show proof of xyz as does she. But the cafcass report didn't include other areas they declared safeguarding issues

OP posts:
CafcassNightmare · 23/01/2021 23:43

On the phone they declared safe guarding issues.

Sorry. Tired!

OP posts:
Hawkmoth · 23/01/2021 23:44

It was cafcass who contacted us before the report was written.

MooseBeTimeForSummer · 23/01/2021 23:45

He should ask for a finding of fact hearing regarding the allegations of abuse, so a finding can be made on whether they are true or not. I would strongly recommend a direct access barrister. You don’t need to go through a solicitor.

CafcassNightmare · 23/01/2021 23:46

And the domestic abuse concerns are for him. Not me. Apparently I have declared he domestically abuses me to exw, I have not. (he's a pain sometimes but doesn't do that or even close!) .

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CafcassNightmare · 23/01/2021 23:49

@Hawkmoth I'm glad you got that. Myself and husband were genuinely shocked they would include such an allegation knowing he was coming home to me and little ones. Imagine if he was that person? He could have come home to me and done God knows what in front of two other children.

He did contact cafcass officer regarding that and got told their priority was the children involved in the case...

Not quite sure she is impartial as she is meant to be.

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CafcassNightmare · 23/01/2021 23:50

@MooseBeTimeForSummer how does he go about thar and roughly is the cost please

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MooseBeTimeForSummer · 23/01/2021 23:53

@CafcassNightmare google barristers chambers near to you. They should list them on their website. Or if you give them a call, the clerk will tell you if they have some.

CafcassNightmare · 23/01/2021 23:59

@MooseBeTimeForSummer
Thank you I'll let dh know.

I swear sometimes fighting for your kids becomes more of a money game. Which is shit cos well, we have minimal.

More than happy to scrimp and save. But only so much you can cut back on.

We don't do anything luxury. Live in clothes years old. Little ones literally outgrow their clothes before we can do anything about it.

That isn't a sympathy post btw. Just how difficult it is to fight cases of stupid crap when funds are that tight if that makes sense?

OP posts:
CafcassNightmare · 24/01/2021 00:00

The system is a shambles.

Dh offered evidence right from the get go. Surely that (and exws) should have been looked into in some degree before any advice by cafcass was made

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Pinkyxx · 24/01/2021 08:52

@CafcassNightmare

I was in a similar boat myself - with ex / his wife. I couldn't afford to fund any legal support and was drowning in all the court proceedings / allegations. Here are 2 things that might help you:

Wikivorce (google it). It's a website where you can get advice from people who have a lot of experience as well as fixed cost legal support.

Coram children's legal center (google it too). The advice is free but you do have to keep trying to get through.

I'm really puzzled by your Cafcass report. Can I ask how the court proceedings started? Who applied to court / for what? Did the Cafcass person interview you / your DP as well as the exw? Do you know what the report is called? I ask because Cafcass do several different ones.

CafcassNightmare · 24/01/2021 10:00

Thank you so much. He will check those out ASAP.

Sorry you went through similar. Its a nightmare isn't it?

Exw applied to court for sole custody. I've just had another look at the report but I can't see a particular name? Dh was interviewed and I assume exw. I have not been contacted at all.

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Pebbledashery · 24/01/2021 11:27

Is this the cafcass safeguarding letter or the section 7?

CafcassNightmare · 24/01/2021 11:52

The one before section 7, so I can only assume the safeguarding letter?

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Pebbledashery · 24/01/2021 13:04

Has the first hearing happened yet? Cafcass have to take allegations of domestic abuse very seriously. There would be no reason for them to speak to you at this stage. Perhaps when the section 7 is authored.. The cafcass officer should've made a recommendation for a fact finding hearing too.

CafcassNightmare · 24/01/2021 15:14

No date for first hearing yet.

I completelt understand they need to take domestic abuse seriously. No question that they need to protect the children.

Myself and dh are just shocked they are taking it seriously, yet have put me apparently confirming it to be true in the report. Which would (if it was true) have put me and our young dc at risk!

Cant imagine any kind of abuser taking too kindly to his wife spilling the beans and affecting his contact with kids Hmm

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Pebbledashery · 24/01/2021 17:30

I know.. But they take everything at face value and remember it's only an allegation until its proven then its a fact. They would usually do checks on the police national computer and the local authority.. That's where if she claims to have been abused than that's where they would expect to find evidence.