CAFCASS and Their Role in Children Law Proceedings
Who are CAFCASS?
CAFCASS stands for the Children and Family Court Advisory and Support Service. They are an independent body set apart from social services and the courts, and they advise family courts about the safety and welfare of your child.
What do CAFCASS do and how do they affect me?
CAFCASS write safeguarding letters and reports outlining and advising the courts about the welfare of your child. The letters and/or reports guide the courts about what is in your child’s best interests when making decisions in proceedings and recommend what they think the best outcome would be. For example, whether encouraging or discouraging contact with a parent would be in the best interests of your child. These recommendations are not binding on the court, but the courts do place a heavy emphasis on what CAFCASS recommend.
Will CAFCASS talk to my child?
CAFCASS do not always need to speak with your child, however if CAFCASS are required to do a Section 7 report, it is likely they will be required to talk/ interact with your child about their wishes and feelings and what they would like to happen with their living and contact arrangements with both parents.
CAFCASS tend to talk with your child away from any parents to help gain their true thoughts and feelings and depending on your child’s age, CAFCASS have many ways of communicating with your child. For younger children, CAFCASS are more likely to communicate with them through play and cards rather than the talking approach which is more suited to older children.
Do CAFCASS favour the Mother?
CAFCASS do not favour any parent and they will speak to both parents, likely by telephone in the first instance. CAFCASS listen to both parents and their focus is on what is best for your child.
Seeking Legal Advice
If you need help with any children law matters, please contact our Family Team by emailing info@barrettandco.co.uk or calling us at 0118 958 9711.
