The Court and Cafcass – How Decisions are made if Parents can’t Agree

If you cannot agree the arrangements for your children and mediation is unsuitable, you can ask the court to decide for you. It is worth getting legal advice from a family solicitor before starting this process. To apply for a court order about children, you need to fill in a form C100 and return it to a court that deals with family matters. It’s a very detailed form and it’s important that every section is filled in correctly. There is a charge for making the application.

Before you see a judge you will be contacted by the Children and Family Court Advisory and Support Service (Cafcass). Cafcass officers are independent, qualified in social work and experienced in working with children and families. They will make enquiries to see if there any risk factors for you or the children, for example, if Social Services are involved or if there are records of police involvement with the family. This information is provided to the court in a report which may also include a suggestion about what should happen next. For example, they may feel that the parents would benefit from using mediation. Unless it is absolutely necessary, judges prefer not to be in the position of having to impose a decision.

In the absence of agreement, the judge will decide what evidence they need to make a decision about contact. Evidence may include:

• a written statement setting out your views on contact
• A  Cafcass officer’s report which will explain what enquiries have been made and what they think is best for the children.
• a Cafcass officer’s recommendation

At a final hearing, the judge will make a decision about what contact should take place.

Follow this link for more information on legal advice for separating parents