The Role and Involvement of Cafcass in Private Children Proceedings

The Role and Involvement of Cafcass in Private Children Proceedings

Who are Cafcass is a common question raised once a Court application for a Child Arrangements Order is made.  Cafcass stands for Children and Family Court Advisory and Support Service and is often the first professional body involved in Court proceedings parties may come into contact with. Cafcass is an independent body working with the family Courts in order to advise and recommend what is in the best interests of the children involved in the proceedings. The wishes and feelings of the children are at the centre of the work they do and their focus is on recommending to the Court what the best arrangements for the children are.

When an initial application is made for a Child Arrangements Order or any order concerning the children under s.8 of the Children Act 1989, one of the first directions the Court will make is for Cafcass to prepare an initial safeguarding letter to be utilised and considered by the Court at the first hearing. In order to compile this, Cafcass will contact both parties to arrange a phone conversation to talk through the issues you wish to raise. They will also carry out safeguarding checks with the police, social services and any other third party organisation involved with the family. This information will then be compiled into a letter for the Court together with initial recommendations of steps to be taken in the case to progress it further.

A Cafcass officer is usually present at the first hearing to provide their observations of the requirements of the case.

Sometimes, further on in the case, the Court can ask Cafcass once more to provide a more detailed report on the family and recommend further, the best arrangements for the child. Directions for this report can be made at the first hearing.

Therefore, Cafcass can play a pivotal role in proceedings as they can often become involved from the very start of the case and depending on the particular demands can then remain involved and provide a report which can determine the overall outcome of the case.

In conversations with Cafcass whether it is in the initial stages or during the course of a more detailed report, it is important to adopt a child focussed approach and work with Cafcass as ultimately the sole focus will be on the welfare of the children.