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What Is a CAFCASS Report and How Does It Affect Custody?

What Is a CAFCASS Report and How Does It Affect Custody? When parents cannot agree about where a child should live or how much time they should spend with each parent, the family court may need independent information before making a decision. This is where the Children and Family Court Advisory and Support Service, commonly known as CAFCASS, may become involved. A CAFCASS report helps the court understand the case from the child’s perspective. It may consider the child’s welfare, wishes and feelings, family relationships, existing arrangements and any concerns about safety or emotional harm. Parents often refer to these proceedings as a “custody dispute”. However, courts in England and Wales generally use the term “child arrangements”. A child arrangements order can determine where a child lives, when they spend time with each parent and how other forms of contact should take place. A CAFCASS report can have a significant influence on the outcome, but it does not decide the case. The judge makes the final decision after considering the report alongside all the other available evidence. Why Does the Family Court Ask CAFCASS to Become Involved? In my experience, CAFCASS involvement is particularly important when the court needs an independent assessment of the child’s welfare, wishes and feelings or any safeguarding concerns. This may happen when the parents provide very different accounts of what has occurred, contact is disputed or allegations of domestic abuse, neglect, substance misuse or other risks have been raised. The court may also require more information where a child appears anxious about the existing arrangements or is reluctant to spend time with one parent. The central question is not which parent presents the better case. It is what arrangements are safe, workable and genuinely in the child’s best interests. Is Every CAFCASS Assessment the Same? Not every form of CAFCASS involvement results in the same type of report. At an early stage, CAFCASS will usually carry out safeguarding enquiries and may provide the court with a safeguarding letter. This can include information obtained through checks with the police and local authority, as well as matters discussed with the parents. Where the court needs a more detailed welfare assessment, it may direct CAFCASS or, in some cases, the local authority to prepare a report under section 7 of the Children Act 1989. This is commonly called a Section 7 report. The court order should identify the particular questions or welfare issues that the report must address. Depending on the case, the Family Court Adviser may speak with the parents, meet or communicate with the child in an age-appropriate way, review relevant records and consult professionals such as teachers or social workers. What Does a CAFCASS Officer Consider? The CAFCASS Family Court Adviser considers the child’s individual circumstances rather than applying a standard answer to every family. The assessment may examine what the child has experienced, their physical and emotional needs, their wishes and feelings, the possible effect of changing their circumstances and any harm they have suffered or may be at risk of suffering. It may also consider each parent’s ability to meet the child’s needs, the quality of the child’s relationships and the effect of ongoing parental conflict. A child’s wishes and feelings can be important, but they are not necessarily decisive. The weight attached to them will depend on factors such as the child’s age, understanding, circumstances and whether there are concerns that the child has experienced pressure, fear or divided loyalties. Does CAFCASS Decide Which Parent Is Telling the Truth? One of the greatest misunderstandings I encounter is the belief that a CAFCASS report simply decides which parent is telling the truth or which parent should “win”. That is not its purpose. CAFCASS advises the court from the child’s perspective. The Family Court Adviser may need to consider conflicting accounts and assess risk, but the overall objective is to understand the child’s experiences and identify arrangements that may protect and promote their welfare. The report is evidence for the judge. It is not a judgment, and the CAFCASS officer does not make the final child arrangements order. That distinction should not cause parents to underestimate the process. A clear, carefully reasoned recommendation from an independent professional can carry considerable weight. Parents should engage seriously, honestly and constructively. How Can a CAFCASS Report Affect Child Arrangements? A CAFCASS report may recommend where the child should live, how and when they should spend time with the other parent and whether contact should be introduced or increased gradually. It may also recommend indirect contact, supervised or supported contact, clearer arrangements for handovers, restrictions on communication between the parents or further professional intervention. Where safeguarding concerns exist, the recommendation may be that direct contact should not take place until particular risks have been addressed. In other cases, the report may support regular contact but propose a more structured arrangement to reduce uncertainty and conflict. The judge may accept the recommendation in full, adopt only certain parts of it or reach a different conclusion. If the judge departs from the recommendation, that decision should be based on the evidence and the child’s welfare. Related family law guidance: If you have concerns about threats, harassment, domestic abuse or the safety of your children, read our guidance on obtaining an injunction to protect yourself or your children. If separation or divorce has also created financial concerns, see our guidance on what happens to joint debts when you divorce in England and Wales. An Example of a CAFCASS Report Influencing the Court In one anonymised case, separated parents were seeking different child arrangements orders and gave very different accounts of the problems surrounding contact. Communication had deteriorated significantly, and there were concerns that the existing arrangements were causing the child anxiety. After speaking with the parents and considering the available information, CAFCASS recommended a more structured arrangement. This included clearer boundaries around parental communication and a gradual approach to contact. The judge accepted much of the recommendation because it offered

Can I Get an Injunction to Protect Myself or My Children?

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Can I Get an Injunction to Protect Myself or My Children? If you are worried about your own safety or the safety of your children because of the behaviour of a partner, former partner or family member, you may be wondering whether you can obtain an injunction. In my professional experience, people often assume that injunctions are only available where there has already been serious physical violence. That is not necessarily the case. Threats, harassment, intimidation, stalking, coercive or controlling behaviour, repeated unwanted contact and an escalating pattern of conduct can all be highly relevant. The important question is not simply whether someone has physically assaulted you. It is what has been happening, whether there is an ongoing risk to you or your children, and what legal protection may reasonably be required. In family-law cases in England and Wales, two important protective remedies are non-molestation orders and occupation orders. Although people often refer to both simply as “injunctions”, they perform different functions. When Might Someone Need an Injunction? From my professional experience, requests for injunctions frequently arise when ordinary communication or informal arrangements are no longer sufficient to make someone feel safe. Sometimes there has been physical violence. In other cases, the concern develops through threats, harassment, intimidation, coercive or controlling behaviour, stalking or persistent unwanted contact. Children can also become caught in the situation. There may be concerns about behaviour directed towards them, attempts to remove or retain them, or a parent using contact arrangements and child handovers as a means of continuing to exert control over the other parent. Another situation I encounter is where someone refuses to leave the family home or continues attending the property after being asked not to. In those circumstances, the problem may no longer simply be a disagreement between former partners. Clear and legally enforceable boundaries may be required. At the same time, an injunction should not be viewed simply as something to apply for because a relationship has ended badly. These are serious protective remedies. There needs to be a proper legal basis for an application, and the appropriate type of order needs to be considered carefully. Physical Violence Is Not Always the Starting Point One anonymised case that particularly stands out involved a relationship where the behaviour initially appeared relatively low-level and controlling. After separation, however, it began to escalate. There were repeated unwanted messages, intimidating visits to the former family home and threats that caused the other party to become increasingly concerned about their own safety and the wellbeing of the children. There was not necessarily one dramatic incident of serious physical violence that defined the case. What mattered was the pattern and escalation of the behaviour. This is something I believe people need to understand. Looking at individual incidents in isolation can sometimes disguise what is actually happening. Several incidents that might each appear relatively minor can look very different when considered together as part of an escalating pattern of intimidation, harassment or control. In that case, the person affected needed more than reassurance that the other party should stop. They needed clear, enforceable boundaries concerning behaviour, contact and the family home. It also demonstrated why I believe people should seek legal advice early when behaviour is escalating. Waiting until circumstances become an emergency can make an already difficult situation considerably harder. What Is a Non-Molestation Order? A non-molestation order is primarily intended to provide protection from abuse, harassment and other harmful behaviour. Depending on the circumstances and the precise wording of the order, it can prohibit someone from using or threatening violence, intimidating or harassing the applicant, contacting them in particular ways, or attending their home or other specified places. One of the most important points I explain to clients is that physical violence is not necessarily required before a non-molestation order can be considered. Threats, harassment, intimidation and coercive or controlling behaviour may all be relevant. The court will consider the particular circumstances and evidence when deciding whether an order should be made. What Is an Occupation Order? An occupation order deals principally with the occupation of a property. It can regulate who is entitled to live in or enter the family home and, depending on the circumstances, may require someone to leave, prevent them from returning or establish which parts of a property particular people are permitted to use. An occupation order can have a substantial effect on someone’s housing arrangements. For that reason, the court considers the circumstances carefully, including the housing needs and safety of the adults involved and the position of any children. A non-molestation order and an occupation order should therefore not be confused. A simple way of understanding the distinction is that a non-molestation order generally addresses behaviour and protection, whereas an occupation order addresses the occupation and use of the home. Can I Apply for Both Orders? There are circumstances where both orders may be appropriate. Imagine a separated couple who are still living in the same property. One person is behaving in a threatening or intimidating way, repeatedly contacting the other and creating concerns about the safety of both the applicant and the children. A non-molestation order could potentially address the behaviour and contact, while an occupation order could address who is entitled to remain in or enter the property. The two orders can therefore address different aspects of the same underlying problem. Who Can Apply for an Injunction? These orders are not available for someone to obtain against absolutely anyone. Eligibility depends upon the relationship between the applicant and respondent and the relevant legal requirements. I would therefore establish the nature of the relationship between the parties before advising someone that a particular application is available. This is one reason why an early discussion with a family-law professional can be valuable. Asking for advice does not mean that you have committed yourself to court proceedings. It allows your circumstances to be assessed and the available options to be explained. Can an Injunction Protect My Children? Related

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