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Role of CAFCASS in Private Law Proceedings

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CAFCASS stands for Children and Family Court Advisory and Support Service. CAFCASS represent children in Family Court cases in England. Their role is to put children’s wishes and feelings forward and make sure that decisions are made that are in the child’s best interests.

Details around child arrangements are usually between private individuals to decide. Applications to formalise child arrangements can be made under Section 8 Children Act 1989. In private law proceedings the child is not a party to the proceedings unless there are particular circumstances that make the case complex.

When the Court receives an application for a Child Arrangements Order it can direct a welfare report in respect of the child under Section 7 Children Act 1989, this will be completed by an officer appointed by CAFCASS. The officer will carry out some background checks of those involved, speak to the parties and speak to the child about their wishes and feelings. The report will then set out a recommendation based on what the officer considers to be in the child’s best interests.

If you are thinking about the need to formalise contact arrangements for your child then at Emery Johnson Astills we have specialist family law solicitors who can advise you and assist you throughout this process.

It is important for children to maintain familial relationships with both parents if this is possible. Here at Emery Johnson Astills we are experts in handling contact related matters and can discuss options with.

If you would like to speak to one of our specialist solicitors or arrange a fixed fee appointment to discuss options please do not hesitate to contact Emery Johnson Astills on 0116 255 4855.