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CAFCASS meaning

Published by a LexisNexis Family expert
What does CAFCASS mean?
CAFCASS (Children and Family Court Advisory and Support Service) represents children’s interests in family court cases in England. It provides independent welfare advice to the court, undertakes safeguarding checks, prepares reports, and, where required, acts as the child’s guardian. It is a statutory service established by the Criminal Justice and Court Services Act 2000; its Family Court Advisers (children’s guardians) are officers of the court under the Family Procedure Rules. Typical functions include: in private law children proceedings, initial safeguarding enquiries and a safeguarding letter, Section 7 welfare reports, and risk assessment under PD12J and the Child Arrangements Programme; it may signpost parents to court‑ordered activities. In public law care and adoption proceedings, CAFCASS provides the children’s guardian, who instructs the child’s solicitor and files analysis and recommendations on threshold, care plans, contact, placement and adoption orders. CAFCASS recommends; it does not decide. In Wales, equivalent functions are performed by Cafcass Cymru. Scotland and Northern Ireland do not use CAFCASS; similar roles are undertaken by SCRA/local authority social work and safeguarder panels (Scotland), and NIGALA and the Court Children’s Service (Northern Ireland). In Ireland, courts appoint guardians ad litem and Section 32 assessors; Tusla is the child and family agency.
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View the related Checklists about CAFCASS

CHECKLISTS
Applications for reporting restriction orders in family proceedings: procedural flowchart under the Family Procedure Rules 2010 PD12I and Cafcass Practice Note (England and Wales)

This flowchart sets out the steps to be taken on an application for a reporting restriction order under the Family Procedure Rules 2010, PD 12I (Applications for reporting restriction orders) and the Practice Note (Official Solicitor: Deputy Director of Legal Services: Cafcass: Applications for reporting restriction orders), also known as the Cafcass Practice Note. For comprehensive, practical guidance on each stage shown and on transparency in the family courts—covering overviews, Practice Notes, precedents, procedural guides, client guides, legislation, forms and further reading—see: Media access and transparency—overview, or select the related documents listed on the right-hand side of the flowchart. For focused guidance on reporting restriction orders, consult the following Practice Notes: Reporting restriction orders—procedure Reporting restriction orders and notifying the media For information about providing advance notice to the media of a reporting restriction order application, refer to: Giving advance notice to the media of a reporting restriction order application—flowchart. For the full collection of Lexis+® UK flowcharts spanning numerous...

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CHECKLISTS
Reporting restriction orders in family proceedings: High Court application checklist, grounds, statutory alternatives, and media notification (England and Wales)

Checklist: reporting restriction orders in family proceedings This checklist sets out the steps to consider when applying for a reporting restriction order in family proceedings, including preliminary matters such as jurisdiction, any alternative statutory provision and grounds for exclusion. It explains notifying the media through the Press Association Injunction Applications Alert Service, and notifying other parties. It also covers the duration and scope of reporting restriction orders under the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, the Practice Note (Official Solicitor: Deputy Director of Legal Services: Cafcass: Applications for reporting restriction orders) (also known as the Cafcass Practice Note), and the reporting restriction order standard order. A reporting restriction order is a court order restricting the publication or dissemination of certain information by media representatives or duly authorised lawyers about court proceedings. Its primary purpose is to protect the identities of those involved in the proceedings, such as children or incapacitated adults, where publication could cause harm, distress or a breach of privacy. ...

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NEWS
England and Wales family law weekly update: child maintenance and children cases, costs, HMCTS video hearings, AI and justice, updated guidance, Q&As and legislation (11 January 2024)

In this issue: Practice and procedure Financial provision Private children Public children International children LexTalk®Family: a Lexis®Nexis community Daily and weekly news alerts Updated content New Q&As New legislation Useful information Practice and procedure UKSC Deputy President gives speech on the law and AI On 30 November 2023, Lord Hodge, Deputy President of the Supreme Court, delivered an address at De Montfort University, Leicester, on the relationship between the law and artificial intelligence (AI). He underlined the imperative to reshape legal rules to recognise and regulate emerging technologies, and pointed to the opportunities these innovations offer to strengthen both the legal and justice systems. See: LNB News 03/01/2024 44. Survivors of domestic abuse and their lived experiences with temporary ‘safe’ accommodation in England The Office for National Statistics has released qualitative research examining survivors’ experiences of accessing, living in, and moving on from temporary ‘safe’ accommodation in England. MoJ...

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NEWS
Family law weekly highlights—England and Wales: weddings law reform, QLR conflict ruling, London PLO update, HMCTS filing changes, disabled children care review, key children, financial remedies and international cases

In this issue: Practice and procedure Public children Private children Financial provision International children Daily and weekly news alerts New content Updated content New Q&As Useful information Practice and procedure Reform to weddings law following Law Commission recommendations The Ministry of Justice (MoJ) has set out proposals to overhaul weddings law in England and Wales, aiming for a more adaptable legal framework that gives couples greater freedom over the setting and form of their ceremony. Rather than controlling approved buildings, the revised model would regulate the officiants who preside over marriages. The programme stems from the Law Commission’s final report of 19 July 2022, which urged modernisation so the law mirrors the varied ways people choose to wed. Under the plans, ceremonies would no longer be confined to limited categories of venues. Couples could instead marry in a much wider array of places, so long as specified requirements are satisfied. The package also...

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NEWS
England and Wales family law weekly: FPR 2024 changes, Cafcass domestic abuse policy, key children, financial remedy, Hague return and enforcement cases—17 October 2024

In this issue: Practice and procedure Relationship breakdown Private children Financial provision Public children International children Enforcement Daily and weekly news alerts Updated content New Q&As Useful information Practice and procedure The Family Procedure (Amendment) Rules 2024, SI 2024/1016 amend and update the Family Procedure Rules 2010, SI 2010/2955, which, together with accompanying Practice Directions, prescribe the processes and requirements to be used in family cases before the High Court and the Family Court. They take effect in part on 11 November 2024 and in full on 13 January 2025 respectively. See also: LNB News 11/10/2024 15. Conkerton memorial lecture by Mr Justice Cobb: on 10 October 2024, Mr Justice Cobb presented the Conkerton memorial lecture to the Liverpool Law Society in Liverpool, entitled Justice must be seen to be done. Relationship breakdown MyHMCTS: How to apply online for a divorce or dissolution—The practitioner guide for lodging a divorce or...

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View the related Practice Notes about CAFCASS

PRACTICE NOTES
Child Arrangements Programme: procedure for section 8 Children Act 1989 applications—MIAMs, pre-application protocol, allocation and gatekeeping, Child Focused Courts and online systems (England and Wales)

Stop Press: On 31 March 2026, Sir Andrew McFarlane, President of the Family Division, published consolidated guidance on allocation and gatekeeping in children proceedings before the Family Court, to take effect on 5 May 2026. This supplants the 2014 public and private law guidance, creating a single scheme for allocation across all children cases. It codifies the function of gatekeeping teams, maps allocation choices to contemporary procedural routes (including Child Focused Courts), and reaffirms the fundamentals of judicial continuity, proportionality, and the efficient deployment of judicial resources; see News Analysis: Consolidated allocation and gatekeeping guidance for children proceedings issued. This Practice Note is being revised to incorporate the President’s guidance. It sets out how to seek an order under section 8 of the Children Act 1989 (ChA 1989)—namely a child arrangements order (CAO), a specific issue order, or a prohibited steps order—and provides direction on the requirement to attend a mediation information and assessment meeting (MIAM)...

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PRACTICE NOTES
Reporting Restriction Orders, Media Access and Transparency in Family Proceedings (England and Wales): PD 12I, PD 27B, Cafcass Guidance and Press Association Injunction Applications Alert Service

This Practice Note This Practice Note outlines the core principles governing an application for a reporting restriction order, referring to the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 27, alongside FPR 2010, PD 12I (Applications for reporting restriction orders) and FPR 2010, PD 27B (Attendance of media representatives or duly authorised lawyers at hearings in family proceedings), and the Practice Note (Official Solicitor: Deputy Director of Legal Services: Cafcass: Applications for reporting restriction orders), called the Cafcass Practice Note. It addresses who may apply, a requirement to give notice of applications to national press via the Press Association Injunction Applications Alert Service (formerly CopyDirect), and service on non media parties. The framework on openness and media access to the family courts altered in 2009. From 27 April 2009, accredited media representatives have been entitled to be present at private hearings in family proceedings in the High Court and the Family Court. The court’s authority to exclude the press is set out in FPR 2010, SI 2010/2955, 27.11...

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PRACTICE NOTES
Private and public children law 2017–2018 in England and Wales: PD12J, covert recordings, adoption, care planning, surrogacy, Cafcass guidance and settlement conferences

Reviewing 2017 This year’s annual review reflects on key developments in public and private children in 2017, spanning adoption and the welfare principle, large sibling groups and care planning, covert recordings, and the updated Family Procedure Rules 2010 (FPR 2010), PD 12J. It also features updates on LexisNexis® content and outlines what is coming up over the next 12 months... Evidence and procedure What happened? A revised FPR 2010, PD 12J took effect on 2 October 2017... What are the key implications? The introduction of the new FPR 2010, PD 12J followed a report from the working group chaired by Cobb J, commissioned by the President of the Family Division, Sir James Munby, after the 2016 recommendations of the all-party parliamentary group on domestic violence. The President asked Cobb J to review FPR 2010, PD 12J to determine whether changes were required. That report, together with a draft amended FPR 2010, PD 12J, was published in January 2017 and endorsed by the President in...

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View the related Precedents about CAFCASS

PRECEDENTS
Child Arrangements Orders (England and Wales): definitions, who can apply, duration, mediation/FHDRA procedure, Cafcass involvement, welfare checklist and parental-involvement presumption—client guide

This note offers general guidance on applying for child arrangements orders, while your family lawyer can give advice tailored to your situation. What is a child arrangements order? A child arrangements order (CAO) sets out how a child’s arrangements are organised and may cover: who the child is to live with, spend time with or otherwise have contact with when the child is to live with, spend time with or otherwise have contact with any person ‘Contact’ simply refers to the time a child spends with an adult. It can happen in different ways, including: direct time between the child and the person named in the order overnight stays supervised time indirect contact via letters or cards In unusual cases, if the child’s best interests require it, the court can decide that there should be no contact. A CAO may identify the person with whom a child is to live, without...

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