What is CAFCASS and what role do they play?
When cases in the Family Court concern children and young people, the Children and Family Court Advisory and Support Service (CAFCASS) is tasked with looking after the interests of the children and making recommendations to the court regarding the safe arrangements for the children and their families.
CAFCASS is an independent, executive non-departmental public body accountable to the Ministry of Justice.
It is independent of the court, social services, and similar authorities but works under the rules of the Family Court and legislation to work with children and their families. Employees of the CAFCASS make sure that the children’s voices are heard during the family proceedings.
CAFCASS officers advise the court on what they consider to be in the best interest of a child. Also, they help courts reach an arrangement by offering an unbiased and impartial view of the situation.
What does CAFCASS do?
At the request of the court, the CAFCASS family court advisers get involved in the family dispute to work out the best solution for the children and their parents. Under the rules and regulations of the court, CAFCASS gets involved in the following areas:
- Custody and child living arrangements after divorce and separation
- Care proceedings where social services are concerned about the safety and welfare of the child
- Adoption
- Child arrangements
- Child contact disputes
CAFCASS employees are termed Family Court Advisers’ (FCA) that work independently to all parties. They work exclusively in family courts in England to deal with cases related to residence, contact, and care.
FCAs aims to find out about the feelings, needs, and wishes of the child and inform the court about their findings. The main role of CAFCASS’ professionally qualified work staff is to:
- Promote the welfare of the children involved in the case
- Advise the family courts in regards to the best interests of the child
- Make provisions for the children
- Provide information, advice, and support to all the parties (children and their families)
CAFCASS Report
Sometimes, a court may ask the CAFCASS officer to prepare a report to assist in resolving disputes between parents. FCAs follow a specific welfare checklist when preparing the report. Eventually, they will form a conclusion on the basis of
- The wants and needs of the child concerned
- Physical, emotional, and educational needs
- The potential effect on the child in case of change in circumstances
- His/her age, sex, background, and other characteristics relevant to the case
- The capability of parents in meeting the needs of their child
Once finalised, the report will be sent to the court and all parties concerned. The parties can argue and contest the content of the CAFCASS report with clear arguments and sufficient evidence.
Disclaimer:
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss that may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.
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