Can you ask for another judge to look at a case ? My brother has just stepped out of a directions hearing re contact with children. The Cafcass report talked about all the emotional harm that has been done by the mother stopping contact. the Cafcass rest made a series of recommendations which the judge Di not take up he reinstated contacted but only listened the mother thus ignoring the dad and the Cafcass report. Can we make a complaint?
HiWhat was the actual outcome of the directions hearing - what did CAFCASS recommend and what has been ordered?Claire
Cafcass recommended that for emotional stability the children should be picked up from school by my brother on a Friday night and take them to school on the Monday morning thus avoiding contact between parents.They recommended that they have alternate weeks in the holidays The judge just listened to the mother he said that contact could start at the weekend again but he went with mum for a 5.30 pick up from a car park on Friday night and back to her on a Sunday. This is where the problems occur as the mum can shout at my brother and upset the kids At this point.Judge also did not do alternate weeks at the holidays either?
Judge did not listen to Derek kept saying I am not interested but referred to the mother the whole time. despite strong recommendations from Cafcass about how important contact with father is to the children?
HiWhen is the next hearing?Claire
A date in September is yet to be confirmed and this will be the final hearing so over the next 3 monts they have to do what the mother wants not the Cafcass reccomendations and both parties have to write a letter to the judge.Am just wondering if the oldest child who is 13 and made her views very clear to Cafcass about seeing more of her father can write her own letter to the judge I would say she is Gillick / Frasier competent.
HiThe hearing that has just happened was a directions hearing and accordingly nothing that the mother would not agree to could be ordered since no evidence had been heardThe final decision about what will happen will be made at the Final Hearing at which both parties and the CAFCASS officer will give evidence and be cross examined and the Judge will then make a decision about the futureI am not sure on what basis you have done a "report" - your only role could be as a Witness not as an expert.Claire
Yes I only did a report based on my knowledge of parenting assessments that I used to do for court I did this as a family member as I had observed contact with him and his children for a week when they came here on holiday. I did this to try and give him support as over the past two years he has constantly battled to see his children and his ex partner seems to have a voice within the legal arena but his was getting lost. Obviously i realise it could not be used in any way as an expert report as I am family however I hoped it might help.My original question was re the judge can my brother request a different judge to do the final hearing as he was really upset about the behaviour of the judge at he directions hearing today.Also could my niece write to the judge about what she wants.
HiIt would be a VERY bad idea for your nephew to get his daughter to write to the judge.Her views are expressed via the CAFCASS report which is already before the court.I am also afraid that your report could do more harm than good as the court may well feel that you have overstepped the boundaries.I am afraid that your nephew cannot request a different Judge - and as I said in fact the Judge did the best that he/she could to secure the position for himClaire
Thanks for your answer It is my brother I am talking about not my nephew. That's fine I will tell my brother your advice re his daughter writing to the court. I am saddened to hear that what I have written may do him harm? His ex has made so many false statements and said so much within the court arena and I cannot travel so far he is in Derby I am in Cornwall and have young children that I could not support him at court so I wanted the courts to know that he has a supportive family also as paternal family my children myself and paternal grandmother have all been affected by this as we too have not been able to have contact. My children have been badly upset by not seeing their cousins as has my mother. in the Cafcass report the children say that they want to see us. Surely this can't be a bad thing for the professionals to know that they have decent family members that are missing out too. I made it clear at the beginning I was writing as a family member and did tell my brother that they might not even glance at it as I am the children's aunt.He is going to pay for legal representation for the final hearing as he has done this on his own so far and we shall have to just hope that the childrens best interests are considered.
I thought other family members were allowed to say that they wanted contact or were being denied contact and have their voices heard within the courts?
HiIn my experience Derby CAFCASS has some of the best officers in the country - and their evidence is respected by the Judges so if the report is in his favour this is excellent news.A simple letter saying how much the family miss the contact with the children will be a better way of marking the support offered by your brothers (my apologies) wider family.Claire
Thanks for your advice I will try not to worry that what I have done has made things worse and hope that it is taken in the spirit it was intended. And I am sure that the Judge will listen to the CFCASS workers evidence and make a better decision than today. Thanks once again.RegardsTanya
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I keep getting emails re rating your service I did this last night rated it as excellent don't want to do it again in case I get charged a seconded time I have very little money! I have also filled out a feedback service to say that you were good not sure why am getting all these emails?
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