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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.

 

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