Are cafcass biased against fathers? Discuss family courts with professional McKenzie friend
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- čas přidán 2. 01. 2023
- Call Graham now on 07906 956035 for a free 15 minute chat (9am-9pm). Find out what help you can get from Graham to resolve your co-parenting dispute. Help writing statements, positioning your case,preparing for cafcass interviews & negotiating with your ex-partner/their lawyer.
Are cafcass biased against fathers? What is your lived experience? Please contribute without breaking confidentiality so I can moderate contributions for a healthy, respectful Family Court Discussion Thread in the comments section below
To discuss how you can improve on presenting yourself within a cafcass interview contact Graham for a free 15 min consultation on 07906 956035 | 01635 869730 graham@mckenziefrienduk.com www.mckenziefrienduk.com/contact
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Call me now on 07906 956035 for a free 15 minute chat (9am-9pm). Find out what help I offer you to resolve your co-parenting dispute. Help writing statements, positioning your case,preparing for cafcass interviews & negotiating with your ex-partner/their lawyer
****update*** Comments on this thread are moderated as some people comments disclosing private details from their own cases regarding cafcass conduct in private law cases.whilst I appreciate people may want to comment I suggest to discuss issues rather than specifics that may breach the privacy aspect. given that some comments may breach privacy i take a judgement call on whether to accept them***
Yes a 1000 times over
Yes 100%
Yes, and to a frightenly obvious degree in our case....
Both mother and father agree that neither is a bad parent, but that they can not live together, and doing so is harmful to the child who sees them arguing.
The mother proposes that she move with the child to live 350 miles away.
The father proposes the mother stay local.
In the first CAFCASS call, (1 hour and 45 minute long!) CAFCASS berated the father about not being willing to compromise about the move (regardless of the facts such as school, selling the house etc).
In the report to the court CAFCASS presented two options,
1: that the child and the mother move 350 miles away from the current location
2: that the child stay with the father and the mother move 350 miles away without the child.
They failed (refused) to consider the father's suggestion that the mother and child stay local.
The mother absconded with the child in advance of the court hearing (still some weeks away) and CAFCASS recomended that there be no emergency direction in this regard and that the mother and child remained 350 miles away for six weeks untill the court case
The father applied for an emergency meeting and the judge ordered the mother and child back,
and the father to stay in seperate accomodatin locally untill final hearing.
The so called "ballance sheet" CAFCASS presented as part of the report to support their recomendation that the mother take the child 350 mile away uses predudical language throughout when considering the options;
for example
under option 1 they state... if the child goes with the mother they will maintain a good relationship with the Mother...
under option 2 they state.... if the child stays with the father, as the mother will move 350 miles away the child will have thier relationship with the mother adversly impacted....
it is that black and white biased.....
CAFCASS constantly accept statements the mother makes without question, and constantly question statements the father makes.....
they take other statements, for example from the school and only quote the parts that support the move and do not quote the parts that support staying.....
on top of that the report is poorly written, so in places you know that what is written is trying to say one thing, but because of the way it is phrased, it actually says something else
.In somecases if you took what was written literally it wou mae no sense
It also appears as if the author has no understand of what is a risk and what is an issue and how to decide between the two.
It beggars beiefe that a singlr CAFCASS officer is allowed t publish such an influential report with or internal review or scrutiny
sorry to hear of your experience. I have read some cafcass reports that beg belief in terms of the logic they use on some details and yes "sometimes" gaping gaps in logic are present and anything to fit the narrative - so it puts you in a position to have to point out these areas of error at a "contested" hearing.critical reflection or scrutiny of different angles of perspective is sometimes missing as caseloads are likely high . IMHO "Leave to remove" cases are tricky ones as any adult has a right of movement and so they tread carefully around that issue and often think that spreading the total time that would be spent over a year whilst closeby over year when 350 miles is the same for the child. very tough decisions all round and never simple situation for separated parents to resolve so I send you my thoughts of strength .I 'm surprised they didn't rule against the mother if she took such action before the hearing
Yes, the incompetent did not even speak to me and favoured the mother. Luckily the local authority was on the case and once I got the first also biased and incompetent social worker from the case, they wrote the section 47 advising that the children must live with their father.
Are you saying the judge ignored Cafcass? An achievement in itself mate
I have seen family courts not fully accept or go against cafcass's "recommendations" as they are "family court advisors". A judge may sense or see different dimensions that cafcass don't and not fully accept their recommendations. It is less common and cafcass do have a significant influence for sure
Hi, thanks for commenting, sounds like a tricky case and that you had to patiently hold your ground for a thorough unbiased assessment.Personally i'd observe there is likely quite a few people working in social work with either: personal biases that impact on their impartiality or they present biases that are trained into them systemically
@@THUMBSUPBITCHify no, the children were on a child protection plan and the local authority (another bunch of incompetent people) had to do the section 47 report.
The answer to your question indeed is Yes. Also, cafcass doesn't want to hear any allegations and proven facts against the mother, cafcass in my case ignored the Hague convention and described the mother as protective in the crime committed. This is ridicules. Also, cafcass, despite been provided with official documents and proves, hidden all evidences and presented a fake section 7 reports.
I would like to know how can I sue the fca and cafcass for the wrong advise they gave in court.
I have no experience in sueing courts or people so can't really answer that . cafcass should have a formal complaints procedure you could engage in and if not satisfied the staff are social worker trained.i understand there is a ombudsman for complaining about social workers as well as there is for family lawyers.you could also write to your MP ?
Hi, I'm a father who's marriage broke down due to a disturbed stepdaughter. When her mother couldn't handle the situation kicked me out of the house with my belongings but promised I could see my own 2 daughters. When I moved on with my life this was hard for her to accept so along came a story that I allegedly was abusive to my daughters aged 3 & 5. When I asked the court for child arrangements, her counter application syipulated the above. Two and a half years later with many proceedings and further allegations of which none have ever been proven in the slighest CAFCASS were asked to step in because of the tender age of my daughter's. The officer interviewed me at my home and when I felt they were applying pressure and patronising phrases I asked have you read both the allegations made against me (yes) and my responses (No) so I asked hiw is that fair when they had to submit a section 7 report. When the report came WOW... bias and partial. since this has continued. Despite me fighting for my daughters who state they want to be with me more and ask for more time but even the judge is partial and simply corrupt. Why do I say this because the CAFCASS officer told a lie which I had proof of in a recording. When we both alleged what happened I said to the judge I can prove it right no and present the recording but they said No. Much more has taken place to the extent that I'm having to walk away from my job due to the mental stress sustained. I'd like to sue CAFCASS and file for a judicial complaint. There is no real justice. Who suffers? The children.
So sorry to hear of your current situation, not uncommon.In such case you have to "contest" the report, ask for a "contested" hearing (where the judge order's a outcome on the parents (rather than trying to facilitate a consensual agreement at a dispute resolution appointment), cross examine cafcass on the witness stand and hope a judge will see your child centred argument. You can make a formal complaint to cafcass and the social worker ombudsman on them and their individual practice.if you'd like to chat through options call me on 07906 956035
Yes but it took 2hrs 30 mins for the judges to apply cafcass ruling. Our children have lost 3 years, my family and I need help.
Hi Paul,So sorry to hear of your story , which is not uncommon. If i can help at this stage then please text me on 07906 956035 to arrange a free 15 min consultation or visit my website www.mckenziefrienduk.com for further info.
All waste of time because they do not investigate the work or the family court advisors. The complaint procedure of cafcass is made in a way your complaint is always dismissed. I thought, as mckenzie friends could advise how to sue Cafcass and the family court advisor in court, I was wrong.
Hi, In my honest experience,you have incorrect expectation of a McKenzie Friend. A McKenzie Friend attends a hearing to support a litigant in person to conduct their own case, provide emotional support, takes notes, assist with out of court negotiations.There is no remit to advise on suing people or organisations.so i give a pointers in what i think could be a helpful the right direction.To my knowledge if a complaint dismissed you could take it up wth social worker ombudsman
The statistics prove the opposite .
Hi Neil.I'm not seeing any statistics that evidence cafcass are biased against fathers.Perhaps you could share a link ?
Yes they are but only the case worker that did the report. They used my disabilities against in the report against the Equality Act 2010.
Sorry to hear about your situation, which does sound of concern
they cherry pick glorified parts of interviews to paint a sunshine picture for the parents or sgo's and cherry pick the negatives from the fathers interview. And even don't put in the report important parts of the interview from the father...thereby making the section 7 report bias to one side to the mother or sgo.... if it comes to interview's with minors they do this in a school where kids minds are hyped up and not coherent due to the environment and just wanna see there friends so the kids cant concentrate on the questions and cant think of what they are supposed to say... again making the section 7 report redundant and bias....
I do feel it is a lottery of sorts as I do encounter a significant amount of cases that don't go as you've described.I know that's of no help to you but may help others seeking to feel positive outcomes are possible
In my case Cafcass did exactly the same, and also said during the final hearing " I think the child could copy with this arrangement" every other weekend and on midweek overnight stay before my weekend, therefore it makes 9 days of no contact for no specific reason. The cafcass advisor is biased and, true when has been written, they manipulate the report and questioning the allegations of the father, instead they ask the father if true or false the allegation raised by the abusive mother.
with every case iv been involved in..yes they are very bias just like social services and the so called professional's that work with them... even my own solicitors have defended against me...
Hi. Solicitors first commitment is to the bar , not their client.So it can often feel like a solicitor is going against a clients instructions because of this factor.Perhaps personal allegiances within the bar can be a strong influence behind the scenes on the actions of solicitors
same here, don't trust my solicitor at all.
Why is it so difficult to show video evidence to family matter cases?
Not sure-I don't encounter many cases where it's been successfully done so afraid I can't offer much insight on that issue
i know that feeling i submitted media evidence to court for recent case and the judge said we dont need to see that evidence..basically i feel that makes the trial unfair as its paramount to my defence... although i guess it leaves it open to an appeal as il have evidence that was not used in court so can submit it again for my reason for an appeal..
Refusing evidences in court is a judicial error and the appeal can be based on this ground.
Can I take what's happened in a family court case to Europe or to be looked at , human rights , fraud corruption , really scummy behaviour , reports created before judge ordering them I could go on? Cafcass safe guarding call postponed yet created the letter, every stage I was gagged by external factors
Hi, that sounds alarming and I do hear the odd horror stories.Not sure what approaches you could do to attempt to remedy I'm afraid.Appeal's can be tricky and difficult to get success with in my experience but if some of the process is at fault then a appeal could bear fruit.I think quite a lot goes on behind the scene's with bar association connections
@@MckenzieFriendGrahamFletcher yes I had a barrister at stage of first hearing,she had already "worked something out" with my son's disability SW, for pd12j ( I was victim) the SW told the judge she was aware of alegations of DV but nobody would be affected so judge kept son with mum, the SW never spoke to me about mums DV,she is under investigation for sex offences , she had also been unconscious leaving my son without meals n life needing meds SW covered up all sorts and they all put him back in danger , case is closed, he's with mum, they did nothing to protect him from her going unconscious again and he is with an sex offender who has not been assessed for risk, I even gave the SW a u.s.b with recording of mum attacking me , she refused to view for "technical reasons" she was also aware my ex had agreed "undertakings" not to harass me , yet when police was present at mums to interview mum, after they left, in the SW own words , she let mum know what "coercive" and "gas lighting" behaviour was and asked if I was like that n mum said yes so referred to dap , just imagine if that was the other way around and if a man had sexually assaulted a women and the SW went to the man after the police had left and encouraged him to say she "gas lighting" etc , btw my sons sister lives with me absolutely thriving 17 year old training to be engineer so no parenting issues my side
a terrible state of affairs by all accounts.i'd observe you could report the social worker to their investigating ombudsman if you have issues with their professional conduct or assessment skills
Yes they are very biased as in my case ( I have 2 on the go ) 1 says in a police report showing the mum Lying and And in fact, the very same report shows The mum had assaulted me and in the other case I did a hair follicle sample for a drug test and passed. And yet doctors report shows the mother in admitting to cannabis and taking an overdose And yet cascaf ignored all this and do not see this as a Concern they are very biased
Sorry to hear how the cafcass staff member is being in your case- sounds very strange.Fingers crossed for you the Judge will see holes in their assessment, as i have seen judges go against them on occasion.
I recently attended an FHDRA. It was totally ineffective as cafcass had not completed their checks. The judge wanted to give me access but cafcass stopped him because they could not guarantee safeguarding. So hearing was adjourned. What a waste and totally dysfunctional system. I now have to wait another several weeks to see my son.
Sorry to hear that.Matters should progress once this has happened.I have observed that civil courts will sit on the fence and not make a order unless a safeguarding letter is received as it is IMHO in effect a risk assessment
Your understating a level of incompetence which will cost you money and seeing your kids.
1. You should be angry.
2. You should consider legal action.
@@MckenzieFriendGrahamFletcherdefending the indefensible.