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| The work of CAFCASS |
Research constantly emphasises the importance of both parents to the emotional and psychological development of children. Therefore fathers might expect support from CAFCASS or the Children and Family Court Advisory and Support Service, formerly known as the Family Court Welfare Service.
Usually a member of CAFCASS will only be appointed by the judge if he feels there is a welfare issue. Nevertheless many fathers feel that, if there is nothing against them, any report conducted by CAFCASS is bound to find in their favour. But this is not so.
Family Courts in the UK are not open to the public therefore it is only possible to infer how CAFCASS operates by looking at parallel organisations also working in children's welfare. A government review of the Department for Children, Schools and Families DCSF policies in 2009 found, 'substantial barriers to improving engagement with fathers' in UK family services. According to the EMIE at NFER - Research Briefing (January 2009),
Usually a member of CAFCASS will only be appointed by the judge if he feels there is a welfare issue. Nevertheless many fathers feel that, if there is nothing against them, any report conducted by CAFCASS is bound to find in their favour. But this is not so.
Family Courts in the UK are not open to the public therefore it is only possible to infer how CAFCASS operates by looking at parallel organisations also working in children's welfare. A government review of the Department for Children, Schools and Families DCSF policies in 2009 found, 'substantial barriers to improving engagement with fathers' in UK family services. According to the EMIE at NFER - Research Briefing (January 2009),
"The challenges involved in supporting fathers include that the role fathers play is not always understood, the culture in children's services is often feminised because most of the users and service providers are female, and the significance of fathers' roles is underestimated if they do not live with the family or use a particular service".
CAFCASS and the
'Voice of the Child'
Because of the limited training of CAFCASS officers they take their lead from Case Laws set by judges, like the former Master of the Rolls Lord Donaldson, and it would be churlish to imagine that the same barriers do not extend to the courts.
The following are necessarily anecdotal accounts of the barriers faced by fathers dealing with CAFCASS in family proceedings:-
The following are necessarily anecdotal accounts of the barriers faced by fathers dealing with CAFCASS in family proceedings:-
Case Study - Father A
I had a bad first day in court. My ex-wife died. I was the legal guardian as I had sole parental responsibility and the police warned my ex wife's family that they had to abide by the law.
However the judge wanted a third party opinion and basically CAFCASS listened for one and half hours to my ex-wife's family saying they had had my son for two years (this was lie number one, as two years before I was in court and my ex wife was awarded residence which coincided with her being diagnosed with cancer) so they ignored the fact that the existing order stated that my son actually live with my ex-wife and when I was interviewed I was given two questions - What makes you think you can look after a child? Do you know that the ex-wife's family is grieving?
Because I answered that my son had coped well and only cried for 10 minutes about his mum, before seeming more normal, CAFCASS stated to the court (I was not allowed to address the judge directly) that my son was best placed with the ex-wife's family arguing that they needed to make a full report. The law stated that I definitely should have my son. However CAFCASS went through the motions of a report and gave me a glowing reference but still recommended at the end of it that my son should live with his auntie (and so I would have had to pay the auntie CSA money) and that I should visit only at weekends (at my expense).
I only 'won' my son because I was able to set the CAFCASS report aside because in my second day at court I had it recorded in the judges notes that the auntie only agreed to look after my son temporarily. I had to remind the judge to read his own notes that he instructed CAFCASS to assess my circumstances for looking after a child, not to make a recommendation which they will always do anyway.
Keep listening to advice about moving the case forward and treading carefully with regards to CAFCASS
Case Study - Father B
The court recommended that CAFCASS do a report simply because of the false accusations made by my ex-wife.
It took 3 months for CAFCASS to allocate a case officer and 2 months to prepare the report, what with my ex-wife being difficult and my case worker being on leave.
One piece of advice with regards to CAFCASS, don't be too honest about your past and do not volunteer any information about yourself like medical history. Because my childhood was a little difficult they are saying I may pose an emotional threat to my young son!
Don't give CAFCASS and especially your ex-wife's solicitor any ammunition.
