Unhappy with cafcass decision
31 August 2018 at 4:17 pm #15260
Just looking for some advice prior to Dispute resolution Appointment with court. I have recently received the Cafcass welfare report for an ongoing situation regarding residency and visitation and I’m am not happy. I have 3 children (14,11,6yo) whom haven’t seen there dad for 9 months due to repeated withholding return of the 2 younger children, upto a durations of 16days. They have been subjects of a PSO for this period, which advises that dad should confirm his intention to return the children on an agreed date in writing (he refused, hence they haven’t been able to go). To cut a long story short, the report has recommended that the children reside with me, then weekends will be split so w/e1 & 2 with the dad then every 3rd w/e with me. This was based on a request of my 11yo daughter. She wrote that to make it fair she would like to spend time with both parents and wanted to continue living with mum, so the weekends should be with dad. Whilst I respect and treasure her input into this decision, I feel that to ask an 11yo, in a brief appt without any prior warning or time to think through the consequence of this request, and bearing in mind she hasn’t seen her dad for 9 months I feel that this is not in the best interests of the children and has been taken out of context. I understand she will miss her dad. We had previously agreed via mediation and a parenting plan alternate weekends and 50% of school holidays. This worked well until he decided to start not returning them. I work full time (mon-fri) so literally we will have every 3rd weekend together as a family unit (the 14yo refuses to go now he’s older) and I really feel it will have a detrimental effect on the time we as a household spend together and the sibling group whom are very close. I wish to continue with alternate weekends and 50% of school holidays. I know my daughter, and I’m 99% sure that within 1-2months she will not want to travel 80miles 70% of weekends to stay with dad. By that time we’ll already be tied into the agreement which will incorporate the youngest child who hasn’t requested additional time to 50% but will be drawn into the same order. What are the chances of court going against Cafcass recommendation and how would you approach this problem?Thanks in advance for your advice1 September 2018 at 7:34 am #15287
Thanks Anonymous for taking the time to advise, you’ve really helped me regain some perspective and feel I’m more able to at least put forward my case in a structured way. I plan to write to the courts prior to the hearing giving them time to read my concerns prior to hearing as I don’t feel I can expect them to read it during it. However, I will bullet point rather than story write. Would you agree this might be useful?
I know it sounds like the kids do a lot of sports but they only have the 1 club each. I work mon/tues 8-6, wed 8-4 then straight to boys club till 730, Thursday 8-1, collect kids from school, tea then girls club home for 8. My eldest trains again with the seniors 1015-1145pm on Friday nights, Saturday is literally our only free day, on Sunday we’re back to rink for daughters 2nd training session.
I just feel it’s so unfair that he should be allocated more weekend quality time than 50% taking away from us. I’m frustrated that they’ve suggested anything other than alternate weekends and 50% school hols when he moved so far away and it worked previously. With that said I acknowledge that this has come out of my daughters comments …ggggrrrrr 😬
Thanks again, I know it’s been a lengthy post xx
1 September 2018 at 9:28 am #15293
- This reply was modified 1 year, 3 months ago by Jordan Gingerbead.
I literally received the Cafcass outcome report 2 days ago so haven’t responded re that. They said to notify Cafcass of any inaccuracies only immediately and take any dispute up with court on the day (Mid oct). Ok, so you suggest I copy Cafcass and the ex into my appeal?
My time is very tight but it’s always been this way, in between all this stuff I’m trying to complete my complete my MSc, CPD is necessary in my field of work though I don’t particularly get stressed about it
I appreciate your honesty.
Thanks again21 December 2018 at 4:47 pm #18867
Hi all.i’m also not very happy with cafcass handling of the situation regards my kids which resulted in my ex wife being awarded residence of my kids and getting my house.even though she never went to court for the kids in the 4 years we seperated🙁21 December 2018 at 7:01 pm #18869