Family court system is a farce, claim fathers

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Thursday, August 27, 2009
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This is NorthDevon

TWO fathers from North Devon who have faced lengthy delays with the family court system have spoken to the

Journal

after our report last week on the Children and Family Court Advisory Service (Cafcass).

We reported on the difficulties facing the service, which acts as a guardian to children.

Cafcass prepares reports for the family court in private and public cases involving parents and social services .

The

Journal

revealed that many parents are waiting months for their case to be heard.

This is because Cafcass is facing a huge increase in work after the Baby Peter child abuse case.

There is now an 18 week adjournment at North Devon Family Proceedings Court whenever a report from Cafcass is required.

But two men who spoke to the

Journal

revealed the wait can be far longer.

A 35-year-old North Devon man, who is seeking custody of his 11-year-old daughter, said proceedings are still ongoing after one year.

He said three different Cafcass officers have been involved.

The man is also unhappy that the mediation process has only entailed a one hour meeting with Cafcass at a contact centre.

The father argued that Cafcass should be visiting him and his daughter at their addresses to get a better view of the situation.

"Because Cafcass is not available the court date has been put back to September or October and social services have become involved because it can't cope with the current demand," he said.

"Over the period the case has been going through court I have had three Cafcass people because they have left through illness or found another job.

"It has been well over a year now. It is ridiculous to be honest.

"We go to mediation where they deal with it for an hour and that's it.

"But you can't tell them about your life in an hour.

"They don't come to the house and see how you are living or any problems there may be. I just want what is best for my daughter but Cafcass is not doing a thorough and proper job.

"This is playing havoc on my life and above all on my daughter's life."

Another man from Barnstaple has been seeking unsupervised contact with his three-year-old son.

At present he has six hours supervised contact every week at a centre in North Devon.

The 40-year-old recently learned it could be another 18 months before a court order for unsupervised contact is granted.

The man claimed that as his Cafcass officer left shortly before a recent hearing, a report was not ready.

He was then told it would be another six months before a new Cafcass officer was allocated to his case because he is not "high risk".

He was informed it could be a further 12 months before a report is produced.

"The judge wouldn't grant me unsupervised contact until he gets the report from Cafcass," he said.

"But Cafcass won't look at me straight away because I am not high risk, so instead I go to the bottom of the pile.

"I just want to be there for my son.

"I am fighting and fighting for him to have his dad in his life. But I am just getting knocked back with every step.

"It just seems to me the whole system is a complete farce. Court orders are not working and Cafcass are not helping the children.

"It appears to me that if you are high risk you may get to see your children quicker.

"It almost feels as if I should go out and do something wrong. It is crazy.

"I believe hundreds of people could be affected like me."

Journal editor Andy Cooper has now written to MP Jack Straw, the Secretary of State for Justice, highlighting our report on Cafcass.

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15 Comments

  • Profile image for This is NorthDevon

    by Mr C. Andreou, london

    Tuesday, December 08 2009, 11:50PM

    “My ex abducted my kids, 1 year down the line i won my case abroad and brought them back now i have a case where cafcass are involved and suggest to me i let my kids move abroad with there mum, i have always been close with my kids and all i want is to see them. I at present have temporary custody yet what also is not fair is the fact that the hearing for all this has now been scheduled for 21 & 22/12/09. They seem to me that they now feel sorry for her and that i am the one who is doing wrong even though she abducted them and broke a court order preventing her from taking the boys out of the jurisdiction of the U.K”

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    by Graham, Reading

    Thursday, December 03 2009, 12:51PM

    “Cafcass in my case were very bad. They sided with my ex wife because she is a manic depressive and they were worried about the anxiety attacks affecting the children. Where does this leave me, up S creak without a paddle and no contact and where the children, very upset and missing their father who had always been very close and loving before me and ex split up. Social workers are worthwhile, cafcass in family law are appauling and biased and I agree with the chap earlier who said you have to be bad to get anything from them, else you get abused and thrown away as surplus to requirements, apauling gender biased and a throwback to the sixties and seventies organisation. A lot of them are ex probation officers (where the organisation originated) and see people who apply for contact as criminals.”

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    by Chris, somerset

    Thursday, September 03 2009, 11:58PM

    “Quite agree with every adverse comment about CAFCASS. Our case started in 1996 when my daughter was 3 - she's now 16. In and out of courts all that time with a different judge for every hearing.
    Still unresolved after 13 years.
    A farcical and miserable system which achieves nothing and damages children.”

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    by stacey, glastonbury

    Wednesday, September 02 2009, 1:04PM

    “it is true that CAFFCASS is overrun with with work, but why do the expect the families especially the children to suffer because of this? the authorities are causing emotional abuse to children by causing familes to split up, waiting for court dates, not being heard, becoming distressed etc. families who have been through the process will know exactly what i'm talking about. these people in power are supposed to be intelligent, but it's become clear they have not much common sense.”

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    by Terry Hunt, Worcester

    Tuesday, September 01 2009, 10:20AM

    “i can assure you that the incompetance of CAFCASS is not isolated to your area, it is a nationwide problem, over the years there have been many inquiries and reports written on that organisation and i have never seen one with a good word to say.
    until politicians take family law seriously the problem will not go away and children will carry on suffering, sadly nothing will be done this side of an election as this governemt doesn't want to point the finger and lose votes, i.e vindictive resident mothers who deny access and cause proceedings in the family courts by the non resident father.”

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    by sam, braunton

    Friday, August 28 2009, 5:46PM

    “re NSPCC and father supervision, this is shocking if truly proposed. Most fathers wouldn't dream of harming/abusing their own(or other) children. In most cases (as in Baby P) it is the other male(who likely has no children therefore not a natural father) in the family, ie mum's boyfriend who is more likely to do this. Do the NSPCC propose to check them? Why the anti-male bias anyway in all this? There are good fathers and good mothers, but equally there are not so good fathers and mothers.Many women take more care over buying a car than they do in choosing a boyfriend. And a ps to my eralier comment, I was disappointed at the fact that all the social workers/cafcass people in my case were women, and ,noticeably, they were childless or single women at that, i know because I asked them. Why no men involved? Had there been family men then they may have picked up on the flaws in the case and saved a lot of heartache.”

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    by lucete, fremington

    Friday, August 28 2009, 7:25AM

    “I would then hope all those who say that supervisory orders are not given out willy nilly are NEVER in the situation of wanting access or applying for joint custody or whatever. If you have never been through the family courts on the "wrong" side you cannot comment on what my dh and many others have been through. Including false allegations when the supposed event has taken place when the other parent is working on the other side of the world. Tell me, how is someone supposed to "Kick my head in", (and yet leave no marks) as she claimed when he is on his last 6 month contract in Cape Town? She even got her sister to commit perjury by standing witness. How he was supposed to fly over, assault and burgle her and fly back for work the next morning I'll never know. But the accusation is still there on record.

    If that is fairness then the system needs overhauling big time.

    The NSPCC has declared that in the case of a family split ALL fathers should be supervised for at least 18 months regardless of the risk as they are more likely to abuse and fathers should never have custody.
    Since when has father become synonymous with abuse? Since when has Father = abuser?

    DH eldest is now 16 and is no longer under her mother's control. We had a text at 6am this morning, she is arriving at Barnstaple railway station later as she was left behind when her mother decided to move again, knowing that she no longer has control over her eldest's life and choices and knowing she has lost the benefits for her. She hasn't been educated properly for 4 yrs since her mother went on the run.
    If my DH was that bad (apparently his other children believe he had been in prison for attempted murder and the mother had told the schools they attended that he was DEAD), why is she coming to live with us to go to college to take her GCSE's?”

  • Profile image for This is NorthDevon

    by sam, braunton

    Thursday, August 27 2009, 10:52PM

    “well said anon,devon. I too have had firsthand experience of social workers/cafcass. I was a keen and loving father who put his family first yet the allegations and lies I have had to endure from my ex wife and her co-conspirator boyfriend at the time caused the children and me terrible emotional harm. She made allegations over a number of years to social workers who rightly said they'd like to see me but she cleverly said no to this 'in case I got violent towards her'! Thus allegations were presumed true without substantiation and then when I tried to arrange contact the allegations were used against me! Subsequently the Family Welfare lady criticised the social workers for not checking the facts, BUT it was too late then as I was out of the home courtesy of the police when my ex wife and her other half alleged that I had assaulted her. The police understandably had to act and I was removed from the family home. That enabled a status quo to develop and so My and the children's fate were sealed.To add insult to injury she has shown the children her allegations in print and in effect convinced them that such are true! The judge even criticised her for this but without any redress to the harm she has done. My experience of family courts, social workers, cafcass etc has been bitter and I was shocked at how a woman is presumed to be the best parent yet a father has to prove he can be good parent. I dread to think of how many youngsters have gone off the rails as a result of cafcass' inept handling of something as precious and dear to many men as their children.”

  • Profile image for This is NorthDevon

    by David, Oswestry

    Thursday, August 27 2009, 8:41PM

    “Is CAFCASS having problems all around the country, because im due in court tommorrow as im seeking a joint residency order for my 3 kids and stumbled across this site while trying to find imformation about what people think of CAFCASS.”

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    by Richard, Woolacombe

    Thursday, August 27 2009, 5:20PM

    “As mentioned earlier, supervised contact orders are NOT given out without good reason and until very recently cases heard in the FPC were held privately so it's somewhat difficult to make any balanced judgement without the facts. The fact is that both Cafcass and Local Authorities are experiencing high workloads after recent events and you can't blame them for that.
    A guardian is a highly trained individual who has lots of experience in family proceedings both private and public and replacing staff may not be as simple as it sounds.
    As with many issues around the legal system, money is a real problem and unfortunately those who rely on funding from central government just have to live with what they are given.
    Its unfair to blame the local authorities, courts or Cafcass for extended timescales - all involved do all they can with what they are given always acting in the best interests of the child, not the parents.”

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