CAFCASS stands for Children and Family Court Advisory and Support Service. Their role is to provide independent advice to the court about the welfare of children and what is in their best interests.
If you are divorcing or separating and you can’t agree on arrangements for your children, you may find yourself making or receiving a court application in that regard. The initial order/notice received from the court will make reference to CAFCASS sending a safeguarding letter to the court.
In preparation of that letter, CAFCASS will make contact with both parents named on the application. A welcome email will be sent to you individually via a service called Egress. On receiving that email, you will be asked to set up an account with Egress. You will then be provided with a date and time for a telephone appointment (you will each have your own separate appointment). The purpose of the telephone appointment being to talk through the application and any safeguarding concerns that you have regarding the other parent.
How do I prepare for the CAFCASS telephone appointment?
- Think about the main things that you want CAFCASS to know about your children and make a bullet point list. Suggestions include:
-
- what the arrangements for the children were;
- when things started to go wrong and you became concerned;
- what the current arrangement are, if any;
- your proposals going forward; and
- any safeguarding and welfare concerns you have about the children, if any.
- Be open and honest
- Keep the emphasis on the children and what’s best for them, rather than for you or the other parent. Try and keep your feelings towards the other party separate and not be unnecessarily critical. Remember that not everyone will have the same parenting style.
- Stick to a factual account of what has happened and what your concerns are. Emotions will no doubt be heightened and it can be easy to focus on blame and let your own anger at the situation you find yourself in overwhelm you. Be careful in the words you use to describe the other party. If it is necessary to raise concerns focus on the impact on the children.
What is in the safeguarding letter?
As well as speaking with you and the other party, CAFCASS will also be carrying out some safeguarding checks with the police and the local authority. The results from these checks will be noted in the safeguarding letter as well as a summary of the main points arising from their conversations with both you and the other party.
The safeguarding letter will conclude with recommendations from CAFCASS as to next steps to provide the necessary information to enable either an agreement to be reached as to the children’s arrangements or for the judge to make a final decision. The recommendations you may expect to see can include such things as:
- Statements from the parties containing more information about any allegations of abuse/responses to the same
- Enhanced police disclosure
- Alcohol or drug testing
- Further involvement from CAFCASS through more detailed report (known as a Section 7 Report)
- Filing of medical evidence/Letter from GP
- Recommendations regarding contact in the meantime pending any final decisions, where appropriate
The safeguarding letter should be sent to you and to your solicitor as directed by the court. In some cases, CAFCASS may not circulate the safeguarding letter prior to the matter coming before a judge if they believe that the content could lead to one of the parents or the children suffering from abuse. At the First Hearing Dispute Resolution Appointment the court will consider what directions to make taking on board the recommendations from CAFCASS.
Is there a role for CAFCASS beyond the safeguarding letter?
CAFCASS will attend the First Hearing Dispute Resolution Appointment and can assist in mediating an agreement between you and the other party. In cases where no safeguarding issues have been identified there will often be no further role for CAFCASS beyond that hearing.
If safeguarding concerns have been identified, CAFCASS may be directed to prepare a further report – referred to as a Section 7 welfare report. Such a report will be much more detailed and in preparation of the same, CAFCASS will meet with you, the other party and the children separately. Such a report will make recommendations as to what arrangements for the children CAFCASS believe to be in their best interests. You and the other party are then given an opportunity (usually at a Dispute Resolution Appointment) to see if an agreement can be reached taking on board those recommendations failing which your case would be set down for a final hearing at which the CAFCASS officer making the recommendations may be called to give evidence if one party seeks to challenge the same. A CAFCASS recommendation is generally very influential on a family court’s decision but it is ultimately up to the judge to decide what would best for the children.
Mincoffs’ family law solicitors are on hand to advise if you are having difficulties in agreeing arrangements for your children. Contact associate solicitor Rachel Smith on rsmith@mincoffs.co.uk or by calling 0191 212 7745
