When parents can’t agree on living arrangements or contact with a child, the family court may ask an independent body to get involved. That’s where Cafcass comes in. But who are Cafcass, and what exactly do they do in child contact disputes and protection cases?
This article explains the role of Cafcass in family law proceedings, how they ensure a child’s voice is heard in court, and how they work with families, legal representatives, and the court to support children’s welfare.
What Is Cafcass?
Cafcass stands for the Children and Family Court Advisory and Support Service. It is an independent public body that operates in England and Wales and works on behalf of the Family Court to safeguard the welfare of children during legal proceedings.
Cafcass becomes involved when:
- Parents or guardians are in dispute over child arrangements
- There are concerns about safeguarding or risk of harm
- A court needs expert input on a child’s best interests
Cafcass officers are qualified social workers with experience in child protection and family law. They are not legal representatives for either parent, their sole focus is the child’s welfare.
What Does Cafcass Do?
1. Early Safeguarding Checks
Before the first court hearing in a child arrangement dispute, Cafcass will carry out initial background checks. These are known as safeguarding checks and include:
- Speaking with both parents
- Checking for any police involvement
- Reviewing records held by social services or the local authority
This information is then compiled into a safeguarding letter sent to the court before the first hearing. It helps the judge understand whether there are immediate risks to the child.
2. Direct Work with Children
If the case progresses, Cafcass may be asked to carry out more in-depth assessments, including direct work with the child. This typically involves:
- Talking to the child in an age-appropriate way
- Using drawings, play, or simple questions to understand their thoughts and feelings
- Exploring how they feel about each parent and any proposed arrangements
Cafcass officers are trained to recognise when a child’s voice is being influenced, and to ensure that the child’s true wishes and feelings are understood, especially where conflict exists between parents.
3. Acting as a Guardian (Children’s Guardian Role)
In more complex or high-risk cases, for example, those involving abuse, neglect, or care proceedings, the court may appoint a Children’s Guardian. This is a Cafcass officer who is formally made a party to the proceedings and represents the child’s welfare independently.
A Children’s Guardian:
- Appoints a solicitor to represent the child
- Writes a detailed welfare report for the court
- Recommends what they believe is best for the child, even if it differs from the child’s stated wishes
This is particularly important in cases involving very young children or where significant safeguarding concerns are raised.
How Are a Child’s Wishes Considered in Court?
A common question parents ask is: “Will the court listen to what my child wants?”
The answer is yes, but with important context.
The court follows a framework called the welfare checklist, which includes:
- The child’s age and maturity
- Their wishes and feelings
- The potential risk of harm
- Each parent’s ability to meet the child’s needs
The older and more mature a child is, the more weight their views will carry. However, the court will always prioritise the child’s welfare, even if it means making a decision the child does not fully agree with.
This is why Cafcass plays such a vital role, they ensure the child is listened to, but also that their safety, stability, and wellbeing are fully assessed.
Why Does Cafcass Matter?
In emotionally charged disputes, it can be difficult for parents to separate their own concerns from what’s best for their child. Cafcass provides an impartial, child-focused voice, helping the court make informed decisions.
Their involvement is especially important where:
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- There’s been a breakdown in communication between parents
- The child is showing signs of distress or confusion
- Allegations of abuse or harm have been raised
Cafcass reports can shape the outcome of child arrangement proceedings, influencing contact schedules, living arrangements, or even leading to further court orders if safeguarding risks are identified.
Get Help Understanding Cafcass and Your Rights
Navigating family court can feel overwhelming, especially when your child’s voice is being interpreted by others. At Berkson Family Law, we support parents and carers through the legal process with clarity, compassion, and decades of experience in child law and public law proceedings.
Our team includes Children’s Panel-accredited solicitors who regularly work on cases involving Cafcass and complex child contact disputes.
If you’re going through court proceedings and want to understand how Cafcass may affect your case, we’re here to guide you every step of the way. You can book a free, confidential consultation or email us at info@berksonfamilylaw.co.uk for further guidance.