Court of Appeal sends case back for full consideration of Cafcass report

newsThe Court of Appeal has sent a contact case back to the original court with instructions for a Cafcass report to be fully considered.

In Re YM, contact between a father and his child had been suspended due to concerns about the father’s ability to control his temper. Cafcass issued a report, recommending that the father have only indirect contact while an investigation continued. However the father went to his GP and obtained a report saying he in fact had no anger management issues. On the basis of this a judge ruled that contact between the father and his child could resume.

The mother successfully appealed. The GP who certified the father had not seen the Cafcass report and its recommendations, so his opinion of the father could not be relied upon. Lord Justices Thorpe, Longmore and McCombe ordered the Cafcass report to be presented to the GP.

The Children and Family Court Advisory and Support Service (Cafcass) is an independent body which works to safeguard the welfare of children involved in court cases.

Marilyn Stowe

The senior partner at Stowe Family Law, Marilyn Stowe is one of Britain’s best known divorce lawyers with clients throughout the country, in Europe, the Far East and the USA.

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1 comment

Name Witheld - June 21, 2014 at 6:54pm

I have a contact case as my sobs father wants to see him. I told the courts many allegations of dv. He was believed by court not me. My son had interview at school with cafcass lady. He said his dad hurt him and he witnessed me being beaten. All of this was omitted in report. He told her he would kick and scream in taken to see his dad. He told of many incidents from memory. Again all omitted from report. He told lady he was wacked on bum when i worked. She omitted this too. I was prepared to have a lie detector test. My son wants no contact with his father. He also said how he swore at mum for no reason in front of him. This also omitted in report. He has a nasty past but he is ok to see my son!! I have been ignored by the people who thought were there for children. The next court hearing is 2/7/14. Please may you sdvise me. A concerned mother.

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