If you have left an abusive relationship and there is a court case about your children, you will almost certainly speak to Cafcass. What you say to them can shape what they recommend to the judge. Many women go into that first phone call without knowing who Cafcass are or what happens next.
This article explains what Cafcass is and what it does at each stage of a child arrangements case.
What Cafcass is
Cafcass stands for the Children and Family Court Advisory and Support Service. It is not a company. It is a public body, set up by section 11 of the Criminal Justice and Court Services Act 2000, and it is classed as a non-departmental public body sponsored by the Ministry of Justice. It is funded by government and accountable to Parliament through the Secretary of State for Justice.
Cafcass says it is independent of the courts, social services, education and health authorities. Its job is to advise the family court on what is safe for children and in their best interests.
Cafcass works in England. If your case is in Wales, the same role is carried out by Cafcass Cymru, which sits within the Welsh Government.
By law, Cafcass has four main functions:
- safeguard and promote the welfare of children
- give advice to the family courts
- make arrangements for children to be represented
- provide information, advice and support to children and their families
Cafcass staff who work on cases are called Family Court Advisers. They can answer your questions about the process, but they cannot give you legal advice.
What Cafcass does in a child arrangements case
When parents cannot agree on arrangements for their children and one applies to the family court, Cafcass usually becomes involved in this order:
- The court tells Cafcass about the case and sends them the application and supporting documents.
- Safeguarding checks. Cafcass checks with the police and the local authority for any welfare or safety concerns about your child or other children.
- A telephone call with each parent. This is often called the safeguarding interview. Cafcass speaks to each parent separately. They do not contact the children at this stage. The call can come close to the hearing date.
- The safeguarding letter. At least three working days before the first hearing, Cafcass sends the court a short report on its checks and any welfare concerns raised. What you said on the phone call goes into this letter.
- The first hearing. A Family Court Adviser is available at court. If you cannot agree, the court may refer you to mediation, order a parenting course, order a fact-finding hearing on disputed allegations of domestic abuse, or ask Cafcass for a section 7 report.
- A section 7 report. This is a more detailed assessment of your child’s welfare, written up as a report for the court.
The judge makes the final decision, not Cafcass. But Cafcass’s letter and report carry real weight, so what you tell them matters from the very first call.
If your case is in a Child Focused Court area
Some areas now use a different process, called Child Focused Courts. This includes all of Wales, along with West Yorkshire, Birmingham and the West Midlands, Dorset, and Hampshire and the Isle of Wight. More areas are due to follow.
In these areas, there is no safeguarding letter before a first hearing. Instead, Cafcass (or Cafcass Cymru in Wales) usually carries out a fuller assessment at the start, called a Child Impact Report. It includes safeguarding checks, any domestic abuse information, and your child’s wishes and feelings, and it replaces the section 7 report. You will still speak to a Family Court Adviser, and what you tell them still goes into the report.
Before you speak to Cafcass
Whichever process your area uses, the conversation with Cafcass is one of the most important parts of your case. One of the hardest questions they may ask is whether your ex is a good father. How you answer it matters, so read our guide to that question before your call.
Go deeper
- Dictionary: Cafcass, safeguarding letter, FHDRA, section 7 report, Child Impact Report, Child Focused Courts, fact-finding hearing
- Read: Cafcass Asked If He’s a Good Father. What Should I Say?, Does the Family Court Have to Consider Domestic Abuse?, What Is a Position Statement in the Family Court?, What Child Focused Courts Mean for You and Your Child
- Guides: our original practical guide (Get Money. Get Out. Get Rid.) covers your money, exit and legal options in England and Wales, and Keep A Record shows you how to build a timeline before you speak to Cafcass. You can find them on our Get Help page.
The Women’s Railroad is the original practical guide to equip women with the knowledge and options to navigate and leave domestic abuse. Get Money. Get Out. Get Rid.
