If you have been advised that Cafcass will be involved in making decisions about your children, you may have concerns. We take a look at their role and how to work with them effectively.
What is Cafcass?
The Children and Family Court Advisory and Support Service is otherwise known as Cafcass. The organisation is an independent body that deals with children’s interests during family law proceedings. Cafcass works with children and their families and advises the court on the situation and what it believes to be in a child’s best interests.
Dealing with the breakdown of a relationship can be very difficult and if you become involved in legal proceedings in respect of your children, it is often worrying. At Witans Solicitors, we can work with you during this challenging time to represent your interests and try and achieve the best possible outcome for you and your children.
We understand how stressful it can be and you can be assured that we will do all we can to resolve matters promptly so that you can move on with your life.
When Does Cafcass Get Involved with a Family?
If you and your child’s other parent have not been able to agree on child arrangements and it has been necessary for the courts to become involved, Cafcass will be asked to carry out checks before legal hearings start.
What Does Cafcass Do?
The first checks that Cafcass carry out are generally to see whether there are any records with the local authority or police relating to your family and whether there are any safeguarding concerns. Both parents will usually have the chance to speak to Cafcass about the situation.
Cafcass will then provide a short safeguarding report to the court summarising the checks that have been made and listing any issues.
At the first hearing, the court will decide what else it needs Cafcass to do. This could be working with the family to try and put arrangements in place for children, including where they will live and when they will see each parent. The court prefers that this is done by agreement wherever possible.
When the court makes an order, it can require a Cafcass officer to advise and assist on an ongoing basis to help everyone ensure that the terms of the child arrangements are met. This is known as a family assistance order. You will generally need to agree to the ongoing involvement of Cafcass in this way.
The Difference Between Cafcass and Social Services
Cafcass only deals with children during court proceedings. Their role is to support the court and therefore they do not become involved in families outside of legal action. Social services can become involved with children at any stage in their lives, should this become necessary.
Section 7 Cafcass Report
Where matters cannot be agreed upon between you and your children’s other parent, the court will usually ask Cafcass to prepare a report to help it in reaching a decision. This is known as a Section 7 report in reference to section 7 of the Children Act 1989.
Cafcass will meet with both parents. Where a child is old enough, it will also meet with the child on their own. Cafcass will then go through a welfare checklist, which is a list set out in Section 8.
The checklist of points to be considered is:
- Taking into account the child's age and understanding of the situation to consider their thoughts and feelings
- Assessing the child's physical, emotional and educational requirements
- Evaluating how a change in circumstances might impact the child
- Considering the child's age, gender, background and any other traits
- Examining any potential risks of harm
- Evaluating the ability of each parent to meet the child's needs.
- Taking into account the court's available powers in addressing the case
The checklist aims to guide and assist the judge in making the right decisions.
Preparing for a Cafcass Interview
If you have been advised by Cafcass that it will be interviewing you, you should discuss this with your solicitor in advance where possible. This will help you identify the key points of concern you have and what you believe to be in your child’s best interests.
During the interview, you should try to put your points across clearly and as calmly as possible so that the officer can focus on what you are saying. They will want to get a feel for what your relationship with your children is like and what sort of things you do for them, such as helping with homework and taking them to events.
You can raise concerns about your child’s other parent if you have them, but this should be honestly done and you should only make points about parenting and not any other issues you may have. You should keep your child’s interests at the forefront of everything you say.
If your case has reached court, it is important to read through the report carefully in advance and make a note of anything that is not accurate. You should talk to your solicitor about your objections and make sure that these are noted.
Inaccuracies can be raised in advance of the hearing and your solicitor can also object to the recommendations made by Cafcass where necessary. The judge has the authority to request the Cafcass officer to attend court for questioning where necessary.
Contact Our Family Law Solicitors
Our family law team has extensive experience in dealing with arrangements for children and advising parents on the involvement of Cafcass and how to secure the best possible outcome for their family.
If you would like to speak to one of our expert family lawyers, email us at info@witansolicitors.co.uk or fill in our contact form and we will talk through your situation with you and discuss how we can help.
