Cafcass (the Children and Family Court Advisory and Support Service) has recently introduced a new policy on how it deals with domestic abuse in family court cases. This is important for anyone involved in disputes about children, where there are concerns about abuse or safety.
Why Has Cafcass Changed Its Policy?
Cafcass works with families and the courts to make sure children are safe and their voices are heard. After reviews showed that some families were not getting the protection they needed, Cafcass updated its approach to make sure children and victims of abuse are better supported.
What’s New in the Policy?
- Listening to Children and Victims
Cafcass staff must now listen carefully to children and adults who say they have experienced abuse. They will record what is said in the person’s own words and make sure the court hears it. This helps ensure that no one’s experience is ignored or downplayed.
- Clear and Respectful Language
Cafcass will no longer use words like “claims” or “allegations” when talking about abuse. Instead, they will describe what has been shared with them, without making it sound less serious. They will also be careful not to blame victims for being anxious or upset, recognising that these feelings are often a result of trauma.
- Decisions About Contact
If a parent is under police investigation for a sexual offence, has been convicted of such an offence, or has served time in prison for violent or sexual crimes, the starting point is that the child should not have contact with them. If Cafcass recommends contact in these situations, they must have a very good reason and explain it clearly.
If a parent has been abusive, Cafcass will only recommend contact if there is clear evidence that the parent understands the harm they have caused, has taken responsibility, and has changed their behaviour. The safety of the child comes first.
- Understanding Why a Child May Not Want Contact
If a child does not want to see a parent, Cafcass will first consider whether this is because of abuse or harmful behaviour, rather than assuming it is due to “parental alienation” (where one parent is said to turn a child against the other). This ensures that the real reasons for a child’s feelings are properly explored.
- Putting Children First
The new policy is designed to make sure that children’s experiences and safety are at the heart of every decision. Cafcass staff are trained to understand trauma and to focus on what is best for the child.
What Does This Mean for You?
- If you or your child have experienced abuse, Cafcass will take your concerns seriously and make sure your voice is heard in court.
- The language used in reports will be more respectful and accurate, helping to avoid misunderstandings.
- The safety of children is the top priority, especially when deciding if and how they should have contact with a parent who has been abusive.
- If you are worried about how your case is being handled, you can ask for a review or raise your concerns with the court.
Kelly Gray, Solicitor in our Children Department gives her view on the changes “We welcome Cafcass’s new approach, which puts children’s safety and voices at the centre of every decision. This policy is a positive step forward for families who have experienced abuse, and we are committed to supporting these vulnerable clients through the process.”
Where Can I Find More Information?
You can read more about the new policy on the Cafcass website. If you have questions about your own situation, our team is here to help guide you through the process and make sure your family’s safety and wellbeing come first. Please contact us on 01785 336617 or by email at family@sflsolicitors.co.uk to arrange a free half hour consultation with one of our specialist solicitors.