In light of the new CAFCASS (Children and Family Court Advisory Support Service) domestic abuse policy, McAlister Family Law Solicitor, Georgina Howe, looks at how parents will be impacted by this new guidance and the importance of getting expert legal advice early on.
What is the New CAFCASS Policy?
CAFCASS have introduced a new policy that looks at the impact of domestic abuse upon a child. It states;-
- that the starting point for recommendations for a child spending time with a parent who is either under police investigation for a sexual offence or has a conviction for a sexual offence, is for the child not to spend time with that parent
- CAFCASS will no longer use the words ‘alleges’ or ‘claims’ within their reports to the court where domestic abuse is a factor.
Who are CAFCASS
If your child is the subject of proceedings before the Family Court, CAFCASS will be appointed by the court to undertake initial safeguarding checks and make recommendations to the court that they believe are in your child’s best interests.
CAFCASS are independent from all parties to the court proceedings and they will consider a number of factors before making any recommendations. CAFCASS will undertake their safeguarding checks at the start of each case and it may be necessary for them to remain involved to make further recommendations to the court.
What is Domestic Abuse
The law recognises a child as a victim of domestic abuse if they see, hear, or experience the effects of domestic abuse and are related to, or cared for by an adult with parental responsibility, who is the person being abused or the perpetrator of the abuse. You can read more about Domestic Abuse here.
What this means for you
If you are a parent currently involved in court proceedings and you have either experienced domestic abuse from your ex-partner or you are the reported perpetrator of the domestic abuse, it is very important that you consider taking legal advice at the earliest opportunity. The court will consider the recommendations of CAFCASS and will take those recommendations into account when making decisions about your child.
This new guidance may impact upon your contact with your child or any application for your child to live with you whether you have experienced domestic abuse or you are the reported perpetrator. Where a person reports domestic abuse within proceedings before the Family Court, it is for the court to determine the facts where they are disputed by the other party.
How we can help you
Here at McAlister Family Law, we are dedicated to getting to grips with changes in policy and the impact this will have upon your case. We recognise that the issues surrounding your case are of the upmost importance and that it is your child who is at the centre. Whether you have experienced domestic abuse or you are the reported perpetrator, we are able to help and advise you.
If you are currently involved in court proceedings within which domestic abuse is a factor that the court is being asked to consider, we are here to help. read more about what we do, or contact a member of our team at [email protected]
If you have experienced domestic abuse, please consider our previous blog on the importance of obtaining a Clare’s Law and how you can protect yourself and your child. Clare’s Law 10 Years On | McAlister Family Law
