Shortlands

CAFCASS

CAFCASS stands for the Children and Family Court Advisory and Support Service in England. It’s a government body that is instructed by the court to represent children and acts in their best interests where there are court cases concerning the child’s custody/contact/care. 

CAFCASS workers will produce reports in court and advise/recommend what they feel is in the best interests of the child after meeting them and conducting necessary assessments.

What is CAFCASS?

CAFCASS is an independent organisation that helps the court understand a child’s needs and wishes in family law cases. Its primary role is to safeguard children and provide the court with impartial advice to support decisions in the child’s best interests.

What does CAFCASS do?

CAFCASS work with families to advise the court about what is best for children involved in family proceedings. This could be about where a child lives, spends time or has concerns over their safety.

When is CAFCASS involved in a case?

CAFCASS becomes involved in cases where the court believes a child’s welfare may be at risk or where disputes over arrangements are complex. Example: divorce proceedings, arguments over who a child will live with/if a parent has been hurting the child.

How does CAFCASS assess children?

CAFCASS officers will likely interview the child and parents (along with other adults who live with the child). They could observe your interactions and take review reports from schools or other professionals. Then they prepare a report for the court with recommendations.

Is CAFCASS involved in all family law cases?

No. If you are doing consent orders or the matter is not contested, CAFCASS will not be involved.

Can parents meet the CAFCASS officer?

Definitely. Parents are encouraged to meet with the CAFCASS officer to share their perspectives, evidence, and information about the child’s needs. The officer will consider all information while remaining impartial.

Does CAFCASS make decisions on custody or contact?

No, they do not make final decisions. Judges will use the CAFCASS officer report and recommendations to make legally binding decisions for the child’s arrangements.

Can a CAFCASS report be challenged?

Yes. A party can ask the court to review CAFCASS recommendations. It is possible to challenge facts within the report. However, the judge will decide whether to follow their recommendationsor not.

How long does a CAFCASS assessment take?

It depends on each case, but CAFCASS tries to complete their reports in a reasonable time so that court proceedings are not delayed.

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