This independent body advises family courts, focusing primarily on the best interests of the children involved in family disputes. Their job may include making tough decisions. For example, they may decide that a child and parent should not have contact in certain situations.
The Role of CAFCASS
CAFCASS officers ensure that they make all of their decisions with the child’s welfare at the forefront.
Their responsibilities may include conducting detailed assessments and interviewing parents and children. They write reports, evaluate living arrangements and general circumstances and identify any risks to children.
CAFCASS recommends solutions to the Court to resolve cases quickly and in the best interests of the child or children.
Circumstances Leading to No Contact Recommendations
CAFCASS may recommend no contact between a child and a parent but only in serious situations. This is when the child’s safety or emotional well-being is at risk. Such scenarios include :
Domestic Abuse or Violence: If there’s evidence of past or ongoing abuse, CAFCASS may decide that any form of contact with the abusive parent could be detrimental to the child’s safety :
Substance Abuse: If a parent struggles with significant addiction issues that impair their caregiving capacity, CAFCASS might suggest no contact to shield the child from potential harm or neglect.
Severe Mental Health Issues: In cases where a parent’s mental health condition severely impacts their ability to care for their child adequately, no contact might be considered necessary.
Parental Alienation: If one parent is actively working to undermine the child’s relationship with the other parent, CAFCASS might intervene to protect the child’s emotional well-being from the damaging effects of alienation.
Our experience
Rarely does CAFCASS advise that a parent or both parents should have no contact with the other.
Children should maintain contact with both their Parents and wider family as each child has a right to family life.
This is important for their well-being and sense of identity. It helps them feel supported and loved. The Courts believe that family connections are crucial for a child’s development and overall happiness, providing contact and arrangements are safe in the child`s best interests.
One of our solicitors worked on a case involving a 14-year-old girl. She didn’t want to see her father because he was violent towards her mother. She saw this violence happen. Her opinions and desires were important in deciding what would happen. She was old enough for her views to be taken into account by the Court and they were the difference in the outcome of the case.
The daughter wrote her Father a letter stating she didn`t wish to have a relationship with him at this time. The judge was happy with the daughter`s evidence, and made no order for contact between her and her Father. The Judge did however make an order that her Father should send cards and messages on special occasions, also known as indirect contact.
The Father made it clear he would like to repair their relationship but ultimately it proved to be very difficult to do so.
Challenging / Appealing Cafcass
Parents have the right to contest a no contact recommendation by CAFCASS. An appeal involves presenting evidence in court that challenges the initial assessment.
Factual errors in safeguarding letters or Section 7 reports can be brought to the attention of Cafcass at the conclusion of their report.
Coping with No Contact
Understanding the Decision: It is crucial for parents to understand that CAFCASS’s recommendations are grounded in concerns for the child’s safety and well-being but the Court make the final decision – not CAFCASS.
Seeking Support: Coping with no contact can be emotionally challenging. Support from friends, family, professionals, and support groups can be instrumental during this difficult time.
Turning it around: No Parent is perfect, and if you have made a mistake, it is important to accept it, address it, take advice and guidance from Cafcass, the Court, the professionals, and move forwards. Often a parent`s self denial continues to frustrate reintegration of contact with their child.
Conclusion
CAFCASS play a vital role in protecting children’s interests in family court cases. Their recommendation for no contact is made with careful consideration and aimed solely at ensuring the child’s safety and well-being. For parents facing such recommendations, it is essential to engage with the legal process and seek emotional support to navigate this challenging period effectively.
Whilst it is always helpful to have a positive CAFCASS recommendation, they don`t determine the case, the Court does. Take advice on your specific case and your specialist family Solicitor should advise you properly and robustly so you know what to expect, either way.