CAFCASS stands for the Children and Family Court Advisory Support Service. CAFCASS is charged with looking after the interests of children in family proceedings in the courts in England and Wales. http://www.cafcass.gov.uk/
CAFCASS have a role in both public law (mainly cases involving Social Services) and private law court proceedings. This blog looks at the role of CAFCASS in private law cases which are primarily concerned with disputes between parents over contact, residence and other specific issues concerning their children brought under the Children Act 1989. (See our earlier blog “What’s in a label – a brief look at court orders about children” http://www.flip.co.uk/blog/?m=201003 )
Parents are often concerned when a CAFCASS officer is appointed in Children Act proceedings, that is proceedings where there is a dispute between parents about arrangements for their children. Understandably parents often feel that their children are already under stress and that meeting a stranger to talk about where they want to live, when they want to see each parent, what school they want to go to, will be stressful. But they should not be.
The CAFCASS officer’s job is to meet and interview children so that their views are represented in the court proceedings. Often a judge feels that each parent is saying what they believe the child’s view is, but an independent view is needed. CAFCASS officers are trained child specialists who deal with all kinds of complex children cases on a daily basis. They use age appropriate tools to discuss matters with children and to get a sense of what their views are.
Following the meetings the CAFCASS officer will prepare a report for the benefit of the judge and the parents and any other relevant people. If requested by either of the parents, the CAFCASS officer will then attend the court hearing to answer questions about the report. This gives an opportunity for the court and the parents to hear more about the children involved and their views.
If requested by the parents, CAFCASS can remain involved in helping the family through a Family Assistance Order for up to 6 months in order to provide continuing support following the court’s decision.
CAFCASS officers are very busy in the current court system, but parents should not be too concerned if a CAFCASS officer is appointed in their case. Their views can be hugely helpful in resolving children disputes and enabling families to move on following Children Act disputes.
For more information about specialist family lawyers in your area see www.resolution.org.uk
For advice please contact info@flip.co.uk
Tags: CAFCASS, children, Children Act, divorce, separation