Understanding Cafcass’ Role in Private Child Arrangement Proceedings

When parents are unable to agree on arrangements for their children following a separation, the court may become involved to decide what is in the child’s best interests. In such cases, the Children and Family Court Advisory and Support Service (Cafcass) plays a crucial role in ensuring the child’s welfare is prioritised throughout the legal process.

What is Cafcass?

Cafcass operates independently of the courts, social services, education, and health authorities, although it collaborates with these bodies when necessary. Cafcass’ primary responsibility is to represent the interests of children in family court cases. Cafcass officers are trained professionals, typically with a background in social work, and they are experts in child welfare and family dynamics.

Cafcass’ Involvement in Private Law Proceedings

In private child arrangement proceedings, Cafcass becomes involved when an application to the court is made by someone (usually a parent) in relation to a child. This order determines where a child will live, how much time they will spend with each parent, and other important aspects of their upbringing.

Key Stages of Cafcass Involvement

1.      Initial Safeguarding Checks

• • When an application is made, Cafcass begins by conducting initial safeguarding checks. This involves:
  • Checking with local authorities for any history of social services involvement with the family.
  • Reviewing police records to identify any history of criminal activity or domestic abuse.
  • Following these checks, Cafcass produces a safeguarding letter for the court. This document outlines any immediate concerns about the child’s welfare and suggests how the case should proceed.

2.     Telephone Interview with Parents

• • As part of the safeguarding process, Cafcass officers typically conduct a telephone interview with each parent. These interviews aim to understand:
  • Each parent’s concerns and perspectives.
  • The child’s living arrangements.
  • Any issues such as domestic violence, substance abuse, or mental health concerns.

3.     Court Recommendations

• • At the initial court hearing, the safeguarding letter and Cafcass’ recommendations guide the judge in deciding whether further investigation is needed or if interim arrangements can be made.

4.     Further Involvement (if necessary)

• • If the court requires a more in-depth understanding of the family dynamics, Cafcass may be asked to produce a Section 7 report. This involves:
  • Meeting the parents and the child (if appropriate) in person.
  • Observing interactions between the child and their parents.
  • Gathering information from schools, health professionals, or other relevant individuals.
  • The Section 7 report includes Cafcass’ findings and recommendations regarding the child’s best interests. The court can request that Cafcass covers a number of different aspects in a Section 7 report, and the aspects they are asked to cover will depend on each individual case.

5.     Attending Court Hearings

• • Cafcass officers may attend court hearings to provide clarification on their reports. Cafcass recommendations are often highly persuasive for the court when making decisions.

Prioritising the Child’s Welfare

The cornerstone of Cafcass’ work is the welfare principle included within the Children Act 1989. Every decision or recommendation is made with the child’s best interests as the paramount consideration. Factors influencing these decisions include:

• The child’s wishes and feelings, depending on their age and maturity.
• The child’s physical, emotional, and educational needs.
• The potential effects of changes in the child’s circumstances.
• Any history of harm or risk of harm to the child.

While it may not always be a straightforward process, Cafcass’ involvement helps courts navigate complex family situations to reach outcomes that serve the child’s best interests.

Parents engaging with Cafcass should aim to communicate openly and focus on cooperative solutions, as this often leads to better outcomes for everyone involved—especially the child/children of the family.

 

 

Written by Ana-Maria Munteanu

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