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CAFCASS Legal queries

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  • CAFCASS Legal queries

    Hi, I am sure you have heard a million times before how terrible CAFCASS are and always gang up on the mum. The same is happening with me and I won't bore you with the details. My questions are:

    1. I sent in a C100 on behalf of my son, but I am the sole applicant, I am not (obviously not true names but for example): Margaret Smith on behalf of Tommy Smith as applicant, I am just Margaret Smith if you know what I mean.

    The Respondent is my ex husband.

    CAFCASS are the second respondent, and represent the children.

    So does this mean that since I am the applicant v 2 respondents that this is why CAFCASS seemingly work very well with my ex husband and are horrid to me?

    Does this mean that I am, in effect, fighting against my own children?

    I mean, purely from a legal perspective, you know?


    2. Leads me onto, if I am correct and I am fighting my own children, can I stop this by 'joining' my son to the application so that now I, the applicant, am in fact (as in the example above of completely wrong names) Margaret Smith on behalf of Tommy Smith?


    3. If I did that, would CAFCASS leave my son alone and not bother about his welfare? I'm just asking - trust me the only person that boy needs is me - but that's not the question.


    4. In the first hearing I consented to the children having a Guardian - ie CAFCASS. Can I now revoke my permission for the children to have a Guardian? And will that have any effect?


    5. Finally, I have a complaint against CAFCASS. I received a phone call from the Complaints team to do some kind of fact finding as to whether they should escalate it or not. They decided that they should escalate it. That phone call was the day before the last hearing. "Overnight" the Guardian decided that the family should have a psychological assessment. She provided no evidence, just opinion. That assessment has been ordered.


    6. She wants to see me at her offices, not my home. She will be bringing in someone else "due to my complaint" to discuss where we are up to and how to move forward. I asked if I could bring a friend. She said yes and to provide the name. I said it will be a solicitor and I won't know the name until tomorrow kind of thing. She said she won't have the meeting if a solicitor is present as this is about the welfare of the kids (now, that's not what she said before). I don't want to go just to go and be openly insulted. If I refuse will she order a social worker? I have spoken with charities who have said that it's most unusual and could they provide a copy of their policy which says they don't do meetings with solicitors present. I asked and was ignored (like usual, sorry but it's just the truth, I'm not being bitter, just honest). I then received a message back saying kind of, 'do you want the appointment or not?' What are the consequences of just ignoring them or not going?

    THanks so very much !
    Tags: None

  • #2
    islandgirl Can you please take a look and advise, many thanks.

    Comment


    • #3
      I am sorry but I do not know much about family work however not allowing a solicitor seems very odd. I agree that you should ask for that policy. Good luck

      Comment


      • #4
        Thank you for your help. Does anyone know the answer to any of the questions above?

        Comment


        • #5
          I would find / contact a family lawyer who can offer 30 minutes free advice.

          Comment

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