The Children and Family Court Advisory and Support Service or Cafcass as they are more commonly referred to are directed by the Court’s in matters involving children and their duty is to safeguard and promote a child’s welfare whilst they go through the legal process.
When will Cafcass get involved?
In cases where the parents are unable to agree the arrangement for their child and an application has been made to the Court, then from the beginning Cafcass will become involved.
Once an application has been made to the Court to determine the arrangements for a child the application will be sent to Cafcass. A member of Cafcass, known as a Family Court Advisor, will contact both parents to arrange a telephone interview and also do checks with both the Police and Children’s Services.
Prior to the first hearing Cafcass will provide both parties and the Court with what is known as a safeguarding letter. The Safeguarding letter will briefly detail the information obtained from the Police and Children Services and what has been said by the parents. At this stage Cafcass are not determining the truth as to what may have been alleged by either party, but rather, set out any risks to the child and then advise the Court as to what further information may be required. This can range from alcohol and drug testing to a Section 7 Report, it will be specific as to the circumstances of the case.
If there are no risks identified this may be the last involvement of Cafcass in the case. If they do identify risks to the child then Cafcass may have to complete a Section 7 Report which is a far more in-depth report compared to the Safeguarding letter, during the preparation of which they may speak with the children to ascertain their wishes and feelings. Cafcass will set out in the Section 7 Report a recommendation as to what the arrangements should be, determining who the child should live with and what time they should spend with the other.
Cafcass’s other roles
In more complex cases the Family Court Advisor can be appointed to act as a Guardian for the child. This means that the Family Court Advisor will have direct contact with the child and attend Court on the child’s behalf and make decisions in their best interest. At this point the child will become a party to the court proceedings and the Guardian will instruct a solicitor.
Next Steps
If you are experiencing difficulties agreeing arrangements for the care of your child or children as a result of family breakdown, then Alsters Kelley offer a free 30 minutes appointment during which we can provide practical advice to assist. We have offices covering Leamington, Coventry, Nuneaton and Southam so do not hesitate to contact us on 01926 356016 or email sarah.ingram@alsterskelley.com to make your appointment today.
Call now on 01926 356 053 to book an initial consultation for £300 plus VAT to speak to one of our Family Law specialists.