Here’s how to reduce your chances of getting a bad CAFCASS report
- Introduction
- What reports can the Court order?
- The first thing you’re going to do to get a bad CAFCASS report – being abusive towards your ex.
- The second thing you’re going to do – you’re not child-focused.
- You’re looking for problems, not solutions.
- You’re refusing to compromise.
- The last thing you’re going to do to get a bad report – you’re going to be aggressive.
- Conclusion
Introduction
What happens if you get a bad CAFCASS report?
The Family Court relies on reports to be `the eyes and ears’ outside the court room itself. It makes sense when you think about it. The courtroom is an artifical environment that the children are there to discuss won’t be present. Even if they were it’s not somewhere to see how they interact with their mum and dad – not a place to see how parenting takes place.
Often those eyes and ears are CAFCASS or Social Services.
Professionals write these reports to explore how things work in what should be ordinary environments—like homes or the world outside.
A key part of the report-writing process involves the author talking to the parents and observing their time with the children—and that can strongly sway the final recommendations.
This blog is a guide if you’re facing one of these reports – 5 things I’ve seen people doing that have adversely affected their report. If you’re doing any of them…stop it!
What reports can the Court order?
There are a wide number of reports.
If you’re in a private law case (i.e. you or your ex partner has made an application for your children):
- The first `report’ you’ll face is a Schedule 2 Letter (also called a `safeguarding report’).
- If the court decides there are welfare concerns there may be a `Section 7 Report‘. This will be undertaken by CAFCASS if there has been Local Authority involvement.
Each report has a different function and different format. Still, there are actions you should take—and ones you definitely shouldn’t—when you’re faced with this situation.
For this blog however I am specifically thinking about Section 7 Reports – written by CAFCASS or Social Services
The first thing you’re going to do to get a bad report – being abusive towards your ex.
Do not use any conversations you have with the author of your Section 7 Report as a platform to bad mouth your ex. If you’re out to convince them that your ex is a poor parent, an abuser and a terrible human being it isn’t going to help your case.
Don’t spend your entire time doing this at the exclusion of absolutely everything else.
Unless your history impacts your child, CAFCASS, Social Services, and the court won’t as much attention as it otherwise would. If they see two parents fighting each other they may conclude you’re as bad as each other and it will dilute anything else you say.
The second thing you’re going to do – you’re not child-focused.
It’s not about you!
The Court works with the Children Act 1989 – not the `Mother’s Act’ or `The Father’s Act’. It’s about the best interests of the child – not their parents.
With that in mind, everything you do and say should be from the point of view of your children.
It’s not:
- `My time with the kids’ – it’s `My kid’s time with their mother/father/wider family’.
- `My kids’ – it’s `our kids’.
- `My rights as a mother/father’ – it’s `my children’s rights’.
- My ex is blocking our kids from seeing me. It’s `my kids have been prevented from spending time with their mother/father’.
Frame everything from their point of view. Not yours!
You’re looking for problems, not solutions.
Don’t be that parent!
Don’t be that parent who instantly shuts down every option presented to you and expects your ex, the court or CAFCASS to present you something else until you agree to it (if you ever do).
It could be that contact is too late or too early. You won’t agree to doing any of the transportation for handovers. You won’t agree to anything. Your ex needs to change but you’re whiter than white.
Don’t let your mantra be the word `no’.
The court will pick up on it. If you refuse to budge, the court could end up making a decision for you—whether you agree or not.
Doing this may hold up proceedings for a while, but for a determined Court and determined ex partner it won’t stop anything. Either contribute to the solution, or others will eventually bypass you.
You’re refusing to compromise.
Don’t be that immovable object!
Does it really matter if handover is 30 minutes earlier/later than you’d like? Do you really need be `all or nothing’ in your attitude? Is it a case that you need a residence order with the children with you every night and every Christmas (or 50/50 down the line) and nothing else is suitable?
Life is messy. The court (and the person writing the report) understands that good parents have jobs, other family commitments and that parenting is often a juggling act even when they are with the other parent. Ask yourself `Does this really matter’.
I get it.
If your ex isn’t the kind of person to compromise it can leave you feeling that all you do is give while all your ex is take – but aside from that? How much impact does it really have on your life.
Having a child-focused but easy going and compromising attitude to things will show that you wish to work with your ex and get things out of court. Don’t be that parent who tries to get the court to label their ex in court as an alienator or a narcissist while forgetting to mention why you’re in court in the first place.
The last thing you’re going to do to get a bad CAFCASS report – you’re going to be aggressive.
Being aggressive in a court case NEVER works.
It doesn’t matter what the scenario is – being aggressive will always be seen as a bad thing. It’ll be seen as a bad thing by everyone you come into contact with including the judge who makes the orders and the author of your report.
Whether it’s understandable for you to be angry, whether you have a point – it doesn’t matter.
The old saying `Sin in haste, repent at leisure’ is very true. An outburst of frustration can come back to haunt you in the report (that may point out you have anger issues) along with during cross examination, discussion in court and outside of it too.
Be calm – even if you have to bite your tongue. A bad CAFCASS report won’t get better by being angry.
Conclusion
All of these points as `easy wins’ when it comes to getting a favourable recommendation on a report that could set the tone for your case.
You can sink a strong legal case by acting poorly or getting on the wrong side of a report Of course, an unfavourable recommendation to the Court can be overturned. But it’s easier if you get a recommendation you’re happy with than dealing with one you don’t.
Even a good solicitor’s job is made harder if their client’s behaviour shows them in a bad light too.
So – be whit
