Your questions answered
If parents or carers separate or
divorce, and can’t agree on arrangements for their children, they
may refer their dispute to a family court to make a decision. Most
court cases concerning children involve private disputes between
parents about the issues of residence and contact.
Although people still commonly speak about
‘custody’ and ‘access’ these terms were abolished by the Children
Act 1989. The concepts of parental responsibility and residence
replaced ‘custody’. Parental responsibility means the rights and
responsibilities a parent has in respect of the child. A residence
order sets out who a child should live with. Residence orders can,
in some cases, be shared by both parents.
The term contact replaces the previous term
‘access’. Contact is when children spend time visiting or staying
with the parent or carer, or other people important to them
(such as grandparents and other relatives) who they don’t live
with. This can include telephone contact and indirect contact by
letter or email.
Below, you can find answers to some of the questions you may
have:
What does Cafcass do?
Cafcass safeguards and promotes the welfare of
children involved in family court proceedings. It advises the court
so that the decisions it makes are in the best interests of
children. Cafcass only works in the family courts. These are not
criminal courts.
When does Cafcass get involved with
families?
When parents or carers separate they can
usually agree about the arrangements for their children. However,
if they can’t, one of them may make an application to the court for
the court to decide about those arrangements. If that happens the
court will usually ask a Children and Family Reporter from Cafcass
to help.
What are Children and Family
Reporters?
Children and Family Reporters are officers of
Cafcass and they are independent of the courts, social services,
education and health authorities and all similar agencies. They are
qualified in social work and experienced in working with children
and families. The welfare of children is always their chief
concern.
What do Children and Family
Reporters do?
Every family is different, and Children and
Family Reporters will follow the course of action most appropriate
to your specific circumstances.
In general, Children and Family Reporters are
asked to help families agree sensible arrangements for their
children. This is usually when parents have not managed to do that
themselves, or with the help of solicitors or mediators (mediators
are available from when you split up to help you reach agreement).
All courts want families to sort things out themselves as much
as possible, and everyone involved with the court will try to help
families work out the best possible arrangements for the children.
When a parent or carer applies to court, the court will sometimes
ask a Children and Family Reporter to meet with them and the other
parent or adults to see if things can be sorted out without having
to go on with the court case. If no agreement is reached, the
Children and Family Reporter may be asked to write a report for the
court, which explains the enquiries they have made and says what
they think should happen. The court will decide whether to order a
report.
What
happens when I first go to court?
Different courts operate in different ways
across England and Wales. It is likely that you will see a judge or
magistrate who will want to find out the issues for the children.
If there is a Children and Family Reporter at court, the judge or
magistrate may ask them to meet with you and the other parent. They
will want to see:
- What you can agree
- What you can’t agree
- Whether there are any areas the court needs to look into such
as violence or risk to the children.
If matters can be agreed and there are no
serious issues to be investigated, the court may be able to end the
process at that stage, either by making agreed court orders or no
orders being necessary.
If there is still no agreement between the
parents, the Children and Family Reporter can then advise the court
what should happen next. This could be:
- Spending more time away from court with a mediator or Children
and Family Reporter to help reach agreement
- The court hearing being adjourned so that the Children and
Family Reporter can write a full welfare report on all the
children’s circumstances
- Other enquiries on specific issues such as health
- A hearing for the judge or magistrates to decide what orders,
if any, should be made.
What are welfare reports?
The court often asks the Children and Family
Reporter to write a report about what he or she thinks is best for
the child. This usually takes about ten weeks. It is still quite
common for agreement to be reached during this time. When the
report is finished, it goes to the court. It is also sent to your
solicitor if you have one, or direct to you if you don’t so that
you know what is being said in the report before the court hearing.
The report is confidential and must not be shown to anyone
else.
What will the Children and Family Reporter talk
about with my child?
The Children and Family Reporter will
especially want to meet and talk with your child. In order to
decide what is best for a child the court needs to know about your
child’s wishes and feelings. It is a very important part of the
role of the Children and Family Reporter to tell the court what
these are.
The Children and Family Reporter will not ask
your children to take sides or ask which parent they like best.
Instead the Children and Family Reporter will talk with your
children about how they can best stay close to both parents –
practical things like school and who does what in the family.
Who else will the Children and Family Reporter
talk to for the report?
As well as talking with your child, with you
and with the other parent, the Children and Family Reporter often
needs to talk to other people who can provide information about you
or your child. For example, they may need to talk to your doctor,
teachers, relatives, health visitors and social workers. The court
may ask the Children and Family Reporter to speak to a particular
person. These enquiries will be confidential to the family
proceedings, unless any information is given that a child is at
risk. You will also see what is being said when you read the
report. The Children and Family Reporter will let you know who they
are talking to and will ask for your agreement when they need to.
It is normal to make enquiries of the police, social services
(including the child protection register) and to see information
already held by Cafcass.
Will I have to see the other parent or adult
involved?
No, not if you don’t want to. A joint meeting
may be suggested, but you have the right to be seen on your own,
especially if you are afraid of the other parent.
Is what I tell the Children and Family
Reporter confidential?
What is said to the Children and Family
Reporter may be used in the report that is given to the court. All
information remains confidential to the court, the parties to the
case, and other people involved in the report process. The Children
and Family Reporter cannot give information to anyone else without
the permission of the court. However, the Children and Family
Reporter must tell the court any information that is relevant to
the welfare of your child. They could contact the Local
Authority or the police child protection unit if a child is at
risk. This does not happen often but it is important that you know
this could happen.
Will the court do what my child
wants?
Not necessarily. The court has to act in what
it considers to be the best interests of your child. However, in
doing this the wishes and feelings of your child will be
considered, taking into account their age and level of
understanding.
Will the court always do what the Children
and Family Reporter advises?
It is the court that decides what will happen,
but the court will take careful notice of what the Children and
Family Reporter says. If a court disagrees with what a Children and
Family Reporter has recommended it will explain why.
What if I’m not happy with what the Children
and Family Reporter is doing or what is in the report?
While the report is being prepared, you should
let the Children and Family Reporter know if you are unhappy. If it
can’t be resolved, talk to your solicitor or to your local Cafcass
manager. If you disagree with the contents of the report you or
your solicitor need to raise this at a court hearing. You can ask
the court to order the Children and Family Reporter to attend court
and answer questions about his/her enquiries and report contents.
It is very important that you do tell the court if you are unhappy
with anything in the report, as it is harder to put it right later
once the court proceedings are finished.
Which parent will the the Children and Family
Reporter favour?
The Children and Family Reporter will favour
neither parent. They are impartial and always treat the welfare of
the children as their main priority. The Children and Family
Reporter will speak to many different people and look at your
family’s particular set of circumstances. They will make their
recommendations based on this information.
What
will the judge or magistrate do?
- The judge or magistrate will listen to what everyone has to
say, ask questions to find out what they need to know and will then
consider all the information and decide: what order, if any, to
make in respect of each application that has been made to the
court; and
- whether there are any other orders that can, should or must be
made.
What other orders can the judge or magistrate
make?
As well as the main orders about contact and
residence the court can make other orders. In many cases it can do
so whether or not someone has asked for them. Read more about these
other orders by visiting The Law about
Children section of this site. It is also important to know
that the court may decide not to make an order at all. It is not
allowed to do so unless it considers that making an order would be
better for the child than making no order.
What if I am unhappy about the decision of
the court?
If you are unhappy about the court’s decision
you need to make a prompt decision about whether you wish to appeal
against it. This is really the only course of action you can take
to challenge a decision made by a court. You should discuss it with
your solicitor if you have one. If you do not have one you should
consider speaking urgently with one to advise you about the process
of bringing an appeal and what your prospects of success might
be.
What if I want to make a complaint about
Cafcass?
If you disagree with the contents of the
Children and Family Reporter’s report, you or your solicitor must
raise your concerns at the court hearing. If you are unhappy with
the service you have received from Cafcass, you can make a
complaint. Click here for more information
on giving feedback.