Domestic Abuse And Children’s Contact: Changes in Approach Via Cafcass Policy
CAFCASS, the umbrella children’s and family government group, has published a new domestic abuse policy in which greater, longed-for consideration is given to the child’s voice during the decision-making process.
The policy states that Cafcass Family Court Advisers (FCAs) and Children’s Guardians will no longer refer to terms such as “claims” or “alleges” in court reports.
They will instead use the words of the children and adults who are the victims of the domestic abuse and let the Court “determine the facts”.
Significantly, it is advocated that the proposed starting point as to consideration of the contact issues will now be for the child not to spend time with a parent if:
1. They are being investigated by the police for a sexual offence;
2. They have a conviction for a sexual offence and/or served a prison sentence for violent and sexual offences
This is in place due to the risk of harm to the child and the impact on the adult victim of the abuse.
How Does The New Policy Apply?
The policy applies to FCAs and Children’s Guardians on the first instance, and any departure from the above starting points must be supported by “compelling rationale, discussed with a manager and recorded contemporaneously on the child’s case record”.
If you want to read the whole policy, Cafcass has published it on its website.
Who to contact at Bennett Griffin if this development concerns you and your family…
Our highly experienced and Resolution-trained Family Law solicitors, Jackie Mensah and Sarah Pennicott, would be pleased to discuss your case with you informally.
Please don’t hesitate to get in touch.
You can email jnm@bennett-griffin.co.uk or slp@bennett-griffin.co.uk.