My grandchildren 1 will be 12 in July and 1 will be 11in August they have not seen their father since they were 4 and 5 years old. Neither wish to see him, he has paid NOTHING in maintenance and has only sent 1 birthday card in all this time, yet now he is telling the court that my daughter left her home without telling him and that she had an affair with his friend.
The eldest child even wrote a letter to the Judge and HE said " I have NO intention of reading anything from, listening to AND am definitely NOT be dictated to by a child, what chance have these two got with such a nasty, ignorant Judge as this, a Judge that has NO thought for a child's feelings and CAFCASS are saying that the youngest CANNOT even have a teacher with him when he goes to see child at school... SURELY if he is OLD ENOUGH to have to see HIM on his OWN then SURELY CHILD is OLD ENOUGH to DECIDE and have a say as to whether HE WANTS to see his father or NOT... PLEASE HELP my daughter and grandchildren.

Thank you
Bev

First, ANY question on law needs to include your general locale as laws vary by area.

Second, does your daughter have an attorney? Because I'm wondering what lame brain told the child to write a letter to the judge.

A child NEVER makes the decision as to custody. A court does that.And just because the judge doesn't want to listen to a 12 yr old doesn't mean he is nasty, ignorant or doesn't care for the child.

Something may have set the judge off,and a good attorney will know how to deal with that.

Did your daughter file for divorce when he left? Was any child support ordered?

*** based on law in my area***
A child has no say and in fact may have hurt things by sending a letter to a judge, this is not allowed, parties to the case should not attempt to contact the judge outside of formal motions or their attorneys.
A child may be called to testify in court at certain ages but what the child wants is not always what the judge rules, he will take all other issues into mind.

A father even one who has not seen the children still have rights,

Next of course since the chldren have or appears to have such a hatred for the father this can even be used against the mother ( or who has custody) have they been taught to dislike the father, has mom ( or grandparents ) said negative things about the father in front of the kids.

No-one has ever said anything negative about their father, 1st the eldest wrote the letter off her own back and gave it to solicitor, 2nd mum and dad were never married, 3rd the last thing the children remember him saying is " I will get you in car as well as your mum and GAS us all " it also came to light that when he had them to 'toughen' the boy up dad put him out in garden when it thundered.
The girl NEVER liked going to see him and it came out that she always told by dad " it's OUR little secret but if anybody asks you say it was ******* " his last girlfriends son and SHE (ex-girlfriend ) even had to get injunction out on him as he beat the c**p out of her and HER eldest son
How can this be BRITISH JUSTICE for children I thought we were supposed to PROTECT them!!
Still it is NOT BRITISH Justice is it and even Childline and looks like HUMAN RIGHTS is NOT for the BRITISH OR CHILDREN!!

Quote:

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Originally Posted by bejam1

No-one has ever said anything negative about their father, 1st the eldest wrote the letter off her own back and gave it to solicitor, 2nd mum and dad were never married, 3rd the last thing the children remember him saying is " I will get you in car as well as your mum and GAS us all " it also came to light that when he had them to 'toughen' the boy up dad put him out in garden when it thundered.
The girl NEVER liked going to see him and it came out that she always told by dad " it's OUR little secret but if anybody asks you say it was ******* " his last girlfriends son and SHE (ex-girlfriend ) even had to get injunction out on him as he beat the c**p out of her and HER eldest son
How can this be BRITISH JUSTICE for children I thought we were supposed to PROTECT them!!!!
Still it is NOT BRITISH Justice is it and even Childline and looks like HUMAN RIGHTS is NOT for the BRITISH OR CHILDREN!!!!!!!!!

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Oh and it is the CHELMSFORD COURTS and the interfering CAFCASS also how can a SHRINK after ONE hour decide what any child OR mum is like... makes me sick as we're not a nation that looks to protect OUR children or mums,

Quote:

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Originally Posted by bejam1

... and CAFCASS are saying that the youngest CANNOT even have a teacher with him when he goes to see child at school. ...

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CAFCASS is some sort of child protection agency? I suspect that whoever is saying that is mistaken. Take that issue up with his or her superior.

First, ANY question on law needs to include your general locale as laws vary by area. Post #4 was the first indication of where this is. Our answers might have been different had you indicated location initially.

So has a ruling actually been made? You were unclear about that. If so what is the ruling? Does the mother have a solicitor? If so, what do they say about the judge's actions?

You are off on the wrong foot with the nasty ignorant judge remarks. Judges rarely listen to children, who are easily swayed by one parent, except in some cases when they are 16 - 17.

If there was disruption in the courtroom of the level here, then it could go badly for your daughter.

We don't know what prompted the father to suddenly decide to go to court, but it sounds like there's another side to this story.

Quote:

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Originally Posted by AK lawyer

CAFCASS is some sort of child protection agency? I suspect that whoever is saying that is mistaken. Take that issue up with his or her superior.

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Just so everyone knows.

http://www.cafcass.gov.uk/

Quote:

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Originally Posted by califdadof3

Just so everyone knows.

Cafcass - Putting children first in family courts

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"Cafcass stands for Children and Family Court Advisory and Support Service.

Cafcass is independent of the courts, social services, education and health authorities and all similar agencies.

We operate within the law set by Parliament and under the rules and directions of the family courts. Our role is to:
•safeguard and promote the welfare of children
•give advice to the family courts
•make provision for children to be represented
•provide information, advice and support to children and their families."

Thanks.

Good to know.

Doesn't look like it has the power to dictate how visitation will be conducted.

Quote:

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Originally Posted by AK lawyer

"Cafcass stands for Children and Family Court Advisory and Support Service.

Cafcass is independent of the courts, social services, education and health authorities and all similar agencies.

We operate within the law set by Parliament and under the rules and directions of the family courts. Our role is to:
•safeguard and promote the welfare of children
•give advice to the family courts
•make provision for children to be represented
•provide information, advice and support to children and their families."

Thanks.

Good to know.

Doesn't look like it has the power to dictate how visitation will be conducted.

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The only power they would have is that of the courts. Like an evaluation the courts tend to go with the recommendations. But its not set in stone and can be argued.