The role of CAFCASS in a court case about child arrangements

The Children and Family Court Advisory and Support Service (CAFCASS) works with families who need to go to court to settle a dispute about their children, such as in regard to residence and contact.

‘The extent of their involvement will depend on individual circumstances,’ explains Connor Williams in the family team with Borneo Martell Turner Coulston ‘It is important to understand at the outset how CAFCASS will be involved so that you know what interactions to expect.’

Connor answers some commonly asked questions about CAFCASS.

Does CAFCASS have to be involved?
This is a requirement for all applications lodged regarding arrangements for children, whether that is deciding who they will live with, spend time with, or other specific issues such as which school they should attend. The involvement of CAFCASS gives the court an independent and professional view on what would be best for the children, from the start of the case.

When do CAFCASS get involved?
When the family court processes your application, it sends it to CAFCASS at the same time and the matter is allocated to a family court adviser (FCA). They are, therefore, involved right from the start of your case.

Who pays for CAFCASS?
There are no costs for you to pay, as CAFCASS is a government-funded organisation.

What does the family court adviser do?
The family court adviser is tasked with checking whether the police or local authority have been involved with your family previously and for what reasons; these are called safeguarding checks.

The adviser will call you and the other parent (separately) and that conversation will be your chance to relay:
any concerns about the welfare of your children;
what you would like to happen in terms of child arrangements; and any specific issues you feel the court should practically explore before making a decision.

What is in the CAFCASS safeguarding letter?
The adviser pulls together all of the information from the initial enquiries and writes a letter to the court. It is sometimes referred to as the ‘safeguarding letter’, and this will confirm whether or not there are any safety or welfare concerns about the children.

What happens at the first hearing?
After discussions, the court will set out in an order what tasks need to be carried out to move the case along; these are called ‘directions’ and usually reflect the initial views of CAFCASS and any other matters decided at the hearing.

The safeguarding letter will have made clear whether or not CAFCASS think they have a further role in your case. Ultimately, it will be for the judge to decide on this at the first hearing.

Should the court determine that CAFCASS should continue to work with your family and look into the concerns further, it will make an order for a Section 7 report to prepared.

How long does the Section 7 report take?
There can be lengthy timescales for preparing a Section 7 report and it can take between 12-16 weeks. The adviser will contact you about the further enquiries they wish to make, which will include meeting with you, the other parent and also speaking to your children, if appropriate.

What is in the Section 7 report?
The adviser will write up their report and make final recommendations as to what orders the court should make, in their view, for your children. The report will include summaries of the conversations the adviser has had and their analysis of the situation.

Will the court follow the CAFCASS recommendations?
The court does place weight on the analysis and recommendations in the Section 7 report and will often make orders reflecting these.

What happens if we disagree with the CAFCASS recommendations?
If you disagree with the CAFCASS recommendations, you can ask the court to list a final hearing on the matter where the adviser can be cross-examined on their report.

This is a requirement for all applications lodged regarding arrangements for children, whether that is deciding who they will live with, spend time with, or other specific issues such as which school they should attend. The involvement of CAFCASS gives the court an independent and professional view on what would be best for the children, from the start of the case.

How can we help?
Whether you are thinking about making an application, have received notice of an application by your ex-partner, or want some advice on how CAFCASS will deal with your case, please contact Connor Williams in the family law team on 01604 622101 or email connor.williams@bmtclaw.co.uk

Borneo Martell Turner Coulston has offices in both Northampton and Kettering.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.