Understanding the role of CAFCASS in family court proceedings

by Kidd Rapinet on November 28, 2024
two young children hugging

CAFCASS (Children and Family Court Advisory and Support Service) plays a critical role in family court cases in England and Wales. Their primary responsibility is to safeguard the welfare of children in proceedings that may involve disputes over child arrangements, such as who a child lives with or spends time with. Understanding the involvement of CAFCASS can help parents navigate the court process more effectively and ensure the best possible outcome for their children.

The role of CAFCASS in family court

In a situation where post-separation parents cannot agree as to who a child spends time or lives with and an application has to made to the family court to determine the same, CAFCASS becomes involved from the outset. Their duties include:

  1. Conducting safeguarding checks – CAFCASS officers, known as Family Court Advisers, will conduct initial safeguarding checks. This involves looking into any past or present concerns related to domestic violence, substance abuse, or criminal activity. They may contact relevant agencies such as the police and social services to gather information.
  2. Preparing a safeguarding letter – based on their initial findings, CAFCASS will provide a safeguarding letter to the court before the first hearing. This letter offers an early assessment of any potential risks to the child and includes recommendations for the next steps in the proceedings.
  3. Assessing the child’s welfare – if the court deems it necessary, CAFCASS may be asked to prepare a more detailed report called a Section 7 Report. This involves in-depth assessments, including interviews with both parents and the child (if the child is of an age at which his/her wishes and feelings are ascertainable), to provide the court with a comprehensive view of the child’s welfare and best interests.
  4. Providing recommendations to the court – CAFCASS officers provide impartial advice to the court, focusing on what arrangements would best support the child’s welfare. Their recommendations are highly influential in the court’s final decision-making process.

Tips for preparing for a call with CAFCASS before the first hearing

CAFCASS plays a vital role in family court proceedings by providing expert assessments and advice to ensure children’s needs are met. By understanding their role and preparing effectively for your initial call, you can help ensure that your voice is heard and that the focus remains on achieving the best outcome for your child.

The initial phone call with a CAFCASS officer before your first hearing, known as a FHDRA (First Hearing Directions Appointment) hearing, can significantly impact the direction of your case. Here are some tips to help you prepare effectively:

  • Be honest and open – CAFCASS officers are trained to assess risk and gather information objectively. Be honest about your situation, including any concerns you have about your child’s safety or welfare. If there have been issues such as domestic abuse or substance misuse, it’s crucial to disclose this information upfront.
  • Keep the focus on the child – remember that CAFCASS’s primary concern is the welfare of your child. Focus on explaining what arrangements you believe would best meet your child’s needs and why. Avoid making negative comments about the other parent, as this can be perceived as divisive and not in the child’s best interests.
  • Provide relevant information – be prepared to share information about your child’s day-to-day life, including their routine, schooling, and any special needs they may have. If there are existing safety concerns, provide clear examples with as much detail as possible.
  • Stay calm and measured – the call may be stressful, but it is important to remain calm and respectful throughout. CAFCASS officers are there to assess the situation, not to take sides. A calm, reasoned approach helps demonstrate that you are focused on the child’s best interests.
  • Take notes – it can be helpful to take notes during the call. Write down any key questions or concerns the CAFCASS officer raises, as well as any recommendations they make. This can help you prepare for subsequent hearings and discussions.
  • Seek legal advice if needed – If you have concerns about the CAFCASS process or how to present your case, it may be beneficial to seek advice from a family solicitor before the call. A solicitor can provide guidance on how to communicate your concerns effectively and ensure your rights and your child’s welfare are represented.

This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.

This article was brought to you by Kidd Rapinet’s family solicitors. You can book an appointment with any of the family lawyers across our other offices in Aylesbury, Canary Wharf, Farnham, High Wycombe, Maidenhead or Slough, using the form provided.  Please use the links provided to find more information on divorce or separation, child arrangements and other areas of family law.

These materials and content have been prepared for the benefit of their viewers/readers. They are intended for marketing purposes only and are of a general nature and do not constitute legal advice applicable to any particular facts or circumstances. Kidd Rapinet LLP and/or the author(s) accept no duty of care, responsibility or liability for any loss or damage which you or any third party may suffer as a result of any reliance or use by you or them of these marketing materials and content, except to the extent it is not legally possible to exclude such liability. If you require legal advice on your own situation, please contact us so we can discuss how we may assist.

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