Family court. Can anyone give any advice pleas?

[gar12345]

Hi. This is what a CAFCASS adviser has written in their report as I've had to take my ex to court for access to my children but first this is the summary of screening.

Summary of Cafcass screening actions and outcomes

In preparation of this safeguarding letter I have read the C100 and the relevant court paperwork.

L soon to be 12 and C aged 8 are the children at the centre of an application made by their father, Mr I who seeks a Child Arrangements Order, spend time with and a Prohibited Steps Order preventing a name change/relocation.

The respondent in the matter is Ms B, mother to the children and with whom they live.

Both parties are said to have parental responsibility. Parents separated in 2015, he reports attempts have been made over the years to agree arrangements for the children to spend time with him which were refused and denied by Ms B.

Mediation and Information Assessment Meeting (MIAM) and Parenting Plan: MIAM Exemption claimed as this was unsuccessful. A parenting plan has not been filed.

Police: Ms B does not have a police record.

Mr I was convicted of Breach of a Non-Molestation Order on 20/10/2015. He was found not guilty of battery on 12/10/2010 when it was alleged that he assaulted his mother by slapping her to the face, punching her to the nose and pushing her to the floor.

A level 2 police check was completed however this was rejected on the basis that a list of key dates was required.

The local Authority: Report that in 2010 a Section 47 investigation and an assessment was undertaken as Mr I was violent towards his mother and the children were present. A Child in Need plan was implemented. In 2013 an assessment was undertaken as L disclosed that her father Mr I hurts her mother, Ms B

In 2015 a Non-Molestation Order was granted, Ms B reported that Mr I was stalking her and had stolen money from her bank account. In 2016 Mr I reported
that paternal grandmother had pushed his son over. The last contact was in 2017, private law matter, no further action.

Cafcass: Unknown to Cafcass.

This is what the Cafcass adviser wrote but I don't know what she means when she says last contact was 2017, last contact with who? I don't get that.

Basically this is what CAFCASS says and I'm just wondering if anyone can explain what happens now and what the things are listed 1-5 that the CAFCASS adviser has said as this is my first time in court for this and I have no idea about what happens. Also I've edited the names for privacy.

Thank you.


Analysis of issues arising from screening or risk identification

L and C are two young children who appear to have experienced the challenges brought about from parents separating and is likely to be aware of the ongoing conflict and difficulties between them over the years. Both children need needs to live in an environment that provides stability and security to promote their emotional and physical wellbeing. Ms B raises significant safeguarding concerns for the children in their father, Mr I’s care and alleges they witnessed significant physical abuse and were subject to mental abuse by Mr I. Whilst since separation contact has been supervised there have still been concerns around the children witnessing inappropriate behaviour. Mr I confirms his application and refutes all allegations raised against him believing he is not a risk to the children, blaming others for some of the incidents to which the children have been exposed to. He seeks to reinstate his time with the children and wants to make sure that Ms B does not relocate with the children or change their name however there is nothing to suggest this is Ms B's intention.

Historical domestic abuse has been raised by Ms B and refuted by Mr I. This led to some work with the Local Authority, to which the evidence does suggest one of the children made a disclosure, witnessing harm. Both parents provide a differing account as to what the children’s relationship looked like after separation; with Ms B suggesting time with Mr I was supervised and Mr I suggesting it was unsupervised. This ended around March 2020. Ms B discloses new concerns around domestic abuse which led to the arrangements ending. Given that concerns have been raised it is felt that
the Court need to consider the domestic abuse under the Practice Guidance 12J in order to establish whether Finding of Fact is required.

Cafcass were unable to complete Level 2 police check as key dates were required. Therefore, it may be appropriate for the Court to consider a police disclosure upon gaining the Scott Schedules of Allegations from Ms B.

Initial advice to Court

1. Both parents should be asked to file a Scott Schedule of allegations and responses.

2. The Court should then list the matter for a hearing to determine if a Finding of Fact hearing is required.

3. Once key dates have been provided to the Court, the Court will then be in a position to request a police disclosure if required.

4. On the determination of the allegations of domestic abuse, Cafcass should then be asked to complete a Section 7 report to include the arrangements going forward, if any.

5. Cafcass would not be in support of any interim arrangement until further assessment is complete.

[gar12345]

Can someone help please??

[Suzie, FRG Adviser]

Dear Gar12345,

Welcome to the Parents Forum and I am sorry for the delay in responding to your posts. I am Suzie, Family Rights Group online adviser.
I can see that your post concerns your private law application to court and that children services are not involved with your family. FRG advises about children services involvement with families so your post is not within our remit. I suggest you speak to the CAFCASS officer and there is a link to do this on their website.
The Child Law Advice Line and Families need Fathers both have advice lines and can give you advice about your application or you can seek advice from a solicitor many of whom will offer some free advice.
I am sorry I cannot offer further advice to you.
Kind regards,
Suzie.