CAFCASS are involved in your case from the beginning. As a Litigant it is important to know who CAFCASS are, what role they play and how they can affect your case.
Who are they?
CAFCASS – the Children and Families Court Advisory and Support Service, is responsible for advising the magistrates on what is in the best interests of any children involved the case. They conduct their own investigation into your case and report their findings to the court.
What role do CAFCASS play?
When the court receives an application it will ask CAFCASS to carry out basic checks with the police and social services about you, your ex and the children. They will report this information back to the court before the first hearing and you should receive a copy.
CAFCASS will be in contact with both you and your ex separately to arrange a telephone interview. The purpose of the interview is for the CAFCASS officer to get to the bottom of the disputes between parents. They will use the opportunity to help you and your ex reach a resolution, where possible. It is important, however, to not feel pressured into agreement. If you’re not happy with the recommendations from CAFCASS, stick to your guns and defend your position.
How can CAFCASS affect your case?
A CAFCASS officer will be present at your hearings. They are there to help sort the case by agreement and make suggestions on possible next steps. The magistrates are not legally bound to act upon the recommendations of CAFCASS. But note, their input is influential and can have a dramatic impact on the final decision.
CAFCASS is a source of support when the problems between you and your ex can be resolved by agreement. However, if you feel that your position is strong and you have a case to heard, CAFCASS can feel like an obstacle on the road to justice. Be honest about any concerns you have but don’t expect them to share your views.
Acting as your own solicitor requires you to defend your position inside the courtroom and out of it. Be clear on what you think is in the best interests of your children to make handling organisations like CAFCASS much easier.
For more information on defending your position, read 5 Steps to creating a balanced argument.
Representing yourself at court as a mother can be lonely and exhausting, leave a comment and show your support.
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