Cafcass and the safeguarding stage

After you apply, one of your first significant contacts will be with CafcassCafcass. The Children and Family Court Advisory and Support Service, which advises the family court on children's welfare in England. Cafcass Cymru does the same in Wales., the Children and Family Court Advisory and Support Service. In Wales this is Cafcass Cymru. For many fathers this feels unsettling. The idea of an organisation assessing you as a parent can feel like you're already under suspicion. Understanding what Cafcass does makes a real difference.

Who Cafcass are

Cafcass is independent of the court, of you and of the other parent. Its job is to represent the interests of the child and help the court understand the family's situation. Family Court Advisers are experienced social work professionals. They aren't on either parent's side. They're on the child's side.

Some fathers go in expecting to be dismissed. That expectation can become self-fulfilling: a parent who is braced for unfairness often comes across as defensive or focused on the other parent. Approach Cafcass as an opportunity to describe your child and your relationship with them to someone whose view will matter.

What happens in the safeguarding stage

In most courts, before the first hearing, Cafcass:

• checks with the police and the local authority for any relevant records
• speaks to each parent separately, usually by telephone
• writes a safeguarding letterSafeguarding letter. A Cafcass letter that summarises early safeguarding checks, concerns about the child and advice to the court on what should happen next. to the court, summarising the checks, any concerns raised and recommendations about next steps

In Child Focused Courts, this early work is fuller. A Family Court Adviser or local authority practitioner usually speaks with both parents and, in most cases, the child, and prepares a Child Impact ReportChild Impact Report. A report prepared early in the case in Child Focused Courts, informed by speaking with the child and both parents. for the court.^[5]

Preparing for the conversation

The telephone interview usually lasts between thirty minutes and an hour. Before the call, think through:

• Your involvement in your child's life. School runs, mealtimes, bedtime, appointments, activities. Specific details, not general claims.
• The arrangements so far. What the pattern was, when it changed and what happens now.
• What you're proposing and why. Not "I deserve more time", but how the arrangement would help your child.
• Your child as a person. Their school, friends, interests, worries and routines.
• Any genuine concerns. Specific, dated and factual.

Have your timeline in front of you so you can refer to dates accurately. Notes are fine.

The principle that matters most

Talk about your child, not the conflict. If most of the conversation is about the other parent's shortcomings, the adviser is likely to note that you found it hard to talk about your child without it turning into the dispute. That note may reach the judge.

If you have a genuine safeguarding concern, raise it. A useful pattern is: state the concern, give a specific example with a date, explain why it worries you and say what you did about it. That lands very differently from "the house is chaotic and the kids aren't safe".

What to avoid

• criticising the other parent beyond what's necessary to explain a genuine concern
• suggesting your child should "decide", which can sound like pressure
• claiming your child has said things they haven't
• asking for an extreme arrangement that doesn't reflect your child's needs
• becoming defensive when asked difficult questions
• criticising Cafcass or the court system to the adviser

If you're asked about something the other parent has alleged, answer calmly and factually. A calm denial is more credible than an outraged one.

After the call

Write a short note: the date, who you spoke to, what was discussed and what happens next. When the safeguarding letter or Child Impact Report arrives, read it carefully. If something important is inaccurate, don't contact the adviser to argue. Address it in your position statementPosition statement. A short document setting out a parent's position and proposals before a hearing. and at the hearing, calmly and with evidence.