Role of CAFCASS

ROLE OF CAFCASS

What is the role of CAFCASS within Private Children Proceedings?

Cafcass stands for Children and Family Court Advisory and Support Services. The role of Cafcass within proceedings is to assist the court overall and to safeguard and promote the welfare of the child. They allow for the voice of the child to be heard.

Cafcass will become involved as soon as an application is issued. In Private Children Proceedings, they will undertake safeguarding checks in advance of the First Hearing Dispute Resolution Appointment. They will also speak to all parties involved in the proceedings to establish any concerns that there are. Police checks will also be completed and they will report of any concerns that are raised. Cafcass will try where possible to assist the court and the parties in trying to reach any agreement themselves without the intervention of the court if possible.

What is the role of CAFCASS within Care Proceedings?

In relation to Care Proceedings, when an application has been issued, a Guardian (CAFCASS) will be appointed to represent the child as a separate party to the proceedings. They will also instruct their own solicitor to represent the child within the proceedings.

The role of the Guardian will be to ensure that the wishes and feelings of the child are heard and that their best interests and welfare are protected.

When will a Guardian be appointed under Rule 16.4 of the Family Procedure Rules?

On occasions when an Section 8 application is before the court, due to the complexity of the same, the Court may direct a children`s Guardian is appointed to represent the child as a separate party to the proceedings.

The role of the Guardian will be to ensure that the wishes and feelings of the child are heard and that their best interests and welfare are protected.

How can Duncan Lewis Solicitors help you?

Duncan Lewis Solicitors can advise you in relation to Children Act Proceedings. Duncan Lewis Solicitors have specialist solicitors who represent parents, family members and children within this area of law.  Our solicitors, trainees and caseworkers also speak a range of languages to assist clients where required with any language barriers.

Duncan Lewis is recommended by The Legal 500 legal directory for its specialism in all aspects of family and children law nationwide and cross-border. The Legal 500 applauds our family and child care solicitors to be a team of lawyers that are ‘friendly professionals who take their time to understand your case’. Duncan Lewis team includes Advanced Members of the Law Society’s Family Panel, and members of the Law Society Children.

How will the matter be funded?

Depending on the application, legal aid may be available and you can be assessed for this prior to the matter being taken on. Alternatively, a quote for a fixed fee or the hourly rates charged by your legal representative may also be provided. You will be advised of the funding arrangements prior to the proceedings commencing.

For expert legal advice on all family and childcare matters, contact Duncan Lewis Solicitors on 033 3772 0409.