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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33801
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hi Claire, my solicitor told me to email my concerns that

Customer Question

Hi Claire,
my solicitor told me to email my concerns that have not been raised in the caffcass report. I received no response from him so I chased it up after a few days as my hearing is on the 18 November and he said that he has done his report based on facts and not concerns so I need to raise my concern in court. he said the fact is my daughter has a bond and contact needs to move out. he is bypassing the drug issue and domestic violence I am so confused as the caffcass compalints says that if want something added and he has missed then I can request him to add it but he wont listen
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
Does he mention the drugs and the domestic violence in his report at all?
Clare
Customer: replied 2 years ago.

yes he has mentioned it in a very vague sentence. the way he has phrased it is that I state there is DV however my ex partner refuses he hasn't acknowledged that there are police records on DV and also a record from social services as the nursery had to report it to them as my daughter told them that my ex partner hits me.

In regards ***** ***** he has just stated oh my ex partner takes drugs but only on social events and outings so this is not a problematic issue.

the report says because my ex has a bond with my daughter it should be agreed to overnight stays and also my ex should just do a written declaration that he wont touch drugs 24 hours before he sees my daughter which I think is horrendous especially as there is evidence of breach of bail fraud and bfreach of court order. my ex has clearly lied on his witness statement and in front of the judge. we will be raising my ex's inconsistency in court but the caffcass officer is being very difficult and my solicitor find this very awkward as she has not come across a safeguarding officer reluctant to put concerns in the report

Expert:  Clare replied 2 years ago.
Hi
is the Police record before the court already - was it listed in the first report?
Clare
Customer: replied 2 years ago.

yes the police record has been submitted he did have a look at the records when submitting the report. it clearly confirms I am under marak. police assisted me with my move to Leicester. Also all the time the police call outs have been done he has put allegations of me having mental health issues and then when I have been investigated by the mental health and social services I have been cleared. also the fwin report shws that the police gave him the children in November on the basis that he s suppose to bring them back when the situation calms down but then he didn't and I had to go court. the caff cass officer has seen all this yet is stil saying my ex is no risk.

he says he is writing factual report and my concerns are not facts even though the evidence is there. I don't understand him

Expert:  Clare replied 2 years ago.
Hi
I suspect that the court will not either.
he has looked at the facts, which are in his report and reached an (odd) conclusion.
That conclusion is one which appears to disregard serious safe guarding issues and is likely to give your solicitor a great deal of ammunition for cross examination.
Once the case is over it would not be inappropriate to make a formal complaint about his disregard for the safeguarding issues
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33801
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

I understand you cant predict what the judge would say word for word but from your experience would you agree that when the judge reads the report and reads that the safeguarding officer states the drugs are not a problamtic issue due to it being used at social events and outings (which is a lie as he uses cannabis every day and cocaine once or twice a week) ( the drug test for one month was high and positive which highlights usage of every day.and the judge reads about the recommendation made is a written declaration from a man who is a con artist and has lied in his witness statement will definitely find it unusual and not use the report as a tool of going forward and out of the contact centre as my solicitor is pushing for it to remain in the centre and be moved towards Leicester centre. she wil be asking for the drug test to be done as requested and for my ex partner to clarify his address, lifestyle and behavour before it moves out.do you feel this is reasonable request to ask the courts

Expert:  Clare replied 2 years ago.
Hi
I would certainly expect my local Judges to be very unhappy with the report and to agree to the contact staying at a contact centre
Clare
Customer: replied 2 years ago.

sorry one last thing. How do I make the judge aware of my concerns. shall my barrister just present the judge with the copy of the email sent to caffcass stating he has not raised my concerns and he should do so.. the email I sent to caff cass clearly sates the concerns of my ex's behavior, drugs, jealousy, inconsistency etc.

Expert:  Clare replied 2 years ago.
Hi
No need.
Your barrister will cross examine the CAFCASS officer about the contents of the report.
Clare

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