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If you are going through court proceedings following separation or divorce and there are disagreements about where your child should live or how often they should see each parent, CAFCASS may be asked to become involved. Understanding their role can help you approach your case with greater confidence and clarity.
CAFCASS, or the Children and Family Court Advisory and Support Service, is an independent organisation that works with families and advises the family court about what is best for children. In private law cases, such as disputes over child arrangements, CAFCASS may become involved early in proceedings to help the court make informed decisions.
Danielle Cobb, Family Law Solicitor at Sinclair Law, explains:
“CAFCASS officers provide an independent voice for children who may not otherwise be heard. Their assessments can be instrumental in shaping outcomes that are in the best interests of the child.”
In private law cases, the court will ask CAFCASS to carry out initial safeguarding checks before the first hearing. This involves speaking to both parties and carrying out background checks with the police and local authority to identify any risk to the child.
In some cases, especially where there are concerns about a child’s wellbeing or if parents cannot reach an agreement, CAFCASS may be asked to prepare a more detailed Section 7 report. This report includes observations, interviews, and a recommendation to the court about what arrangements would be in the child’s best interests.
Danielle Cobb notes:
“They must navigate highly emotional situations while remaining objective and focused on the child’s welfare. It is a role that requires sensitivity, expertise, and resilience.”
Background:
Mr. A and Ms. B separated after a ten-year relationship. They shared a seven-year-old daughter, whom Mr. A had cared for primarily since the separation. Ms. B applied for a child arrangements order, seeking equal shared care. Communication between the parents had broken down completely, and both parties alleged emotional harm caused by the other.
CAFCASS Involvement:
Prior to the first hearing, the court requested that CAFCASS complete a safeguarding letter. No immediate risk was found, but due to the level of conflict and competing allegations, CAFCASS was then ordered to produce a Section 7 report.
The CAFCASS officer interviewed both parents and the child at school and also spoke with the child’s teacher. The officer observed that the child had a close bond with both parents but had become anxious about the frequent arguments and handovers. The officer recommended that the child reside primarily with Mr. A during the school week and spend alternate weekends and midweek visits with Ms. B. CAFCASS also recommended that the parents engage in a parenting course to improve communication.
Outcome:
The court accepted CAFCASS’s recommendations in full. Both parents were given the opportunity to express their views, but the judge placed weight on the child-focused, independent assessment. Mr. A and Ms. B later reported improved cooperation after completing the parenting programme.
Danielle Cobb, who acted for Mr. A, reflects:
“This case showed how CAFCASS can bring much-needed objectivity into a highly emotional dispute. Their recommendations provided the court with clarity and helped avoid further conflict.”
Reports and recommendations from CAFCASS are often given significant weight by the court. While the judge is not bound to follow CAFCASS’s views, they are usually a key part of the decision-making process. For this reason, it is essential to engage with CAFCASS constructively and to be prepared for any interviews or assessments they may carry out.
As Danielle Cobb highlights:
“The presence of CAFCASS ensures that, even in the most emotionally charged cases, the child’s voice is not lost. Their contribution helps the court to make fair and informed decisions.”
At our firm, we understand how stressful and uncertain private law proceedings can be. We regularly support parents through the CAFCASS process, from preparing for safeguarding interviews to reviewing Section 7 reports and advising on how best to respond.
We are committed to ensuring that your child’s welfare is protected while your rights and concerns as a parent are properly represented.
If CAFCASS is involved in your case or you have questions about how they may affect your child arrangements proceedings, please contact us today for expert legal advice. We offer a free 30-minute consultation for new clients, visit www.sinclairlaw.co.uk to arrange – Offices in Wilmslow and Bramhall.
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