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sean84 · Jul 12, 2012, 12:16 PM

I have just received a section 7 report and I don't agree with what is said, there is a lot of false parts in it currently me and my ex have 50/50 care but the report has favored my ex and recommend that I have my son weekends and part of the holidays the report seems very contradictive and has a lot of false statements about me it is the officers first section 7 report. I love my son and he loves me and do noot feel that weekends is enough to be a good father to him. There is a lot in it but that is a round up is thare anything I can do I don't see the need for it to change till he goes to school he is only 15 months old and am worried I am going to loose him. Thanks

JudyKayTee · Jul 12, 2012, 12:42 PM

Why would you lose him?

Which State?

sean84 · Jul 12, 2012, 01:18 PM

Originally Posted by JudyKayTee

Why would you lose him?

Which State?

Somerset england, the report is very negative towards me and has a lot of false statements by the officer. I feel she has misled me. It is currently 50/50 and do not see why it should change until he goes to school. We both enjoy our time with each other. He does have a brother who is 8 years older than him and they are using this to there advantage.

sean84 · Jul 12, 2012, 01:21 PM

Originally Posted by sean84

somerset england, the report is very negative towards me and has alot of false statements by the officer. i feel she has misled me. it is currently 50/50 and do not see why it should change untill he goes to school. we both enjoy our time with each other. he does have a brother who is 8 years older than him and they are useing this to there advantage.

I don't feel that weekends is enough to help bring my son up I am a very hands on dad.

AK lawyer · Jul 12, 2012, 02:11 PM

Originally Posted by sean84

... the report has favored my ex and recommend that i have my son weekends and part of the holidays the report seems very contradictive and has alot of false statements about me it is the officers first section 7 report. ...

I assume this "Section 7 report" is only a recommendation to the court. Your solicitor should make those points in court, and you should testify to the false statements. Also consider finding and hiring your own expert witness, who should offer recommendations more favorable to you.

sean84 · Jul 12, 2012, 02:39 PM

Originally Posted by AK lawyer

I assume this "Section 7 report" is only a recommendation to the court. Your solicitor should make those points in court, and you should testify to the false statements. Also consider finding and hiring your own expert witness, who should offer recommendations more favorable to you.

Yes it is a social service welfare report. What do you mean by expert witness. And what points are you meaning. Sorry I am just finding this really hard

sean84 · Jul 12, 2012, 02:40 PM

Originally Posted by AK lawyer

I assume this "Section 7 report" is only a recommendation to the court. Your solicitor should make those points in court, and you should testify to the false statements. Also consider finding and hiring your own expert witness, who should offer recommendations more favorable to you.

Sorry forgot to note that yes it is a recommendation but I don't feel that it is best for my son.

ScottGem · Jul 12, 2012, 03:16 PM

The officer is supposedly a professional, trained to do such evaluations. So if there are inaccuracies, you need to prove them. Talk to your solicitor. That's the only advice we can give. Point out the false statements and provide your proofs to contradict them. If you can prove your points you may be able to convince the judge that report is compromised.

sean84 · Jul 12, 2012, 03:24 PM

Originally Posted by ScottGem

The officer is supposedly a professional, trained to do such evaluations. So if there are inaccuracies, you need to prove them. Talk to your solicitor. That's the only advice we can give. Point out the false statements and provide your proofs to contradict them. If you can prove your points you may be able to convince the judge that report is compromised.

She has only looked at my history and not that of the mothers and she has also left out a lot of things that I had said to her. These are things that would be difficult to prove. Plus this is her first report so does not have much experience in it. She says she does not see any problem with me and my son but makes a recommendation that gives me less than what I already have. He has a brother who she says misses him in the report but she fails to say that I had agreed to have him when I have my son as I was his dad for over four years obv not on school nights

ScottGem · Jul 12, 2012, 03:42 PM

Was she charged with evaluating the mother or just you? Inexperience does not invalidate her recommendation, though your solicitor can certainly use it to try and counter the report. Your solicitor can use her gender to claim she was biased against you. Whether it will sway the judge I don't know.

So I don't see where the false statements come in, not saying anything is not a false statement.

Look I sympathize with you, but just because you don't like the recommendation doesn't invalidate it. You need to discuss with your solicitor and form a strategy.

sean84 · Jul 12, 2012, 03:58 PM

Originally Posted by ScottGem

Was she charged with evaluating the mother or just you? Inexperience does not invalidate her recommendation, though your solicitor can certainly use it to try and counter the report. Your solicitor can use her gender to claim she was biased against you. Whether it will sway the judge I don't know.

So I don't see where the false statements come in, not saying anything is not a false statement.

Look I sympathize with you, but just because you don't like the recommendation doesn't invalidate it. You need to discuss with your solicitor and form a strategy.

She was meant to report on both but there has been a lot left out that I had said to the officer and I don't see why I should have less time with my son than what I have

AK lawyer · Jul 12, 2012, 04:18 PM

Originally Posted by sean84

yes it is a social service welfare report. what do you mean by expert witness. and what points are you meaning. sorry i am just finding this realy hard

An "expert witness" is someone who is recognized by the court to be an expert. Opinion testimony is in general only received by a court if the witness is an "expert". You should be able to find, for example, a person with training and experience in social work who is willing, for a fee, to testify in your behalf. This person would testify, on the basis of his or her training and experience, that the Section 7 report is wrong. In the U.S. it's customary to pay expert witnesses; I don't know if that is allowed in the U.K. or not.

To help illustrate what I mean by an expert witness, let me give you an example. Say you were suing a surgeon because, during an appendectomy operation she removed your pancreas instead. You would have an expert witness, in my example, another surgeon, testify that, in the expert's opinion, taking out the pancreas would be unacceptable and negligent.

ScottGem · Jul 12, 2012, 04:20 PM

You either aren't listening or aren't getting this. What you think or feel doesn't matter. You are obviously biased. The court assigned a professional to do an evaluation. If you think the professional did not do a proper job, you have to prove it. If you think things were left out that should have had a significant impact on the recommendation then your solicitor has to present those things to the court so the judge can rule. If the evaluator was required to interview you both and didn't then you bring that up to the judge.

ScottGem · Jul 12, 2012, 04:21 PM

Do you have a solicitor?

sean84 · Jul 12, 2012, 04:24 PM

Originally Posted by ScottGem

Do you have a solicitor?

Yes

sean84 · Jul 12, 2012, 04:27 PM

Originally Posted by AK lawyer

An "expert witness" is someone who is recognized by the court to be an expert. Opinion testimony is in general only received by a court if the witness is an "expert". You should be able to find, for example, a person with training and experience in social work who is willing, for a fee, to testify in your behalf. This person would testify, on the basis of his or her training and experience, that the Section 7 report is wrong. In the U.S. it's customary to pay expert witnesses; I don't know if that is allowed in the U.K. or not.

To help illustrate what I mean by an expert witness, let me give you an example. Say you were suing a surgeon because, during an appendectomy operation she removed your pancreas instead. You would have an expert witness, in my example, another surgeon, testify that, in the expert's opinion, taking out the pancreas would be unacceptable and negligent.

I do not know of anything of this type over here but I understand what you are saying.