Category: CAFCASS

CAFCASS is a major source of injustice for children and APs.  Make no mistake about that.

The reasons are these.

Firstly, the training of CAFCASS officers is woeful.  Courses in PA are only optional.  And the uptake of these courses is lamentable – only 2% of caseworkers take this course (https://voiceofthechild.org.uk/kb/cafcass-parental-alienation-webinar-training/).  Well, Mr Douglas of CAFCASS says that CAFCASS officers are very busy – but not too busy to attend courses on reclaiming their expenses – the uptake for those courses is rather better [link to https://voiceofthechild.org.uk/cafcass-douglas-and-the-high-conflict-pathway]

Second, CAFCASS is institutionally gender-biased.  In July 2017, CAFCASS produced a report

.  Leaving aside a critique for the moment, it is deeply concerning that CAFCASS chose to involve Women’s Aid, but not one group that represents men.  The problem is not just the report itself, but in the narrowness of the consultation.

Third, CAFCASS are only now waking up to PA, despite it having been around for thirty years in its current form.

Fourth – Wishes and Feelings Reports

These are a waste of time and money in PA cases, for the reasons we describe in our case law introduction page, and should be abandoned.  We should judge a child’s capacity to consent to their estrangement from you using something like the Gillick test of competence.

Continue reading “CAFCASS” →

Cafcass, the Government’s Children and Family Court Advisory and Support Service (Cafcass), has noted that “while there is no single definition” of parental alienation, it “recognise[s] parental alienation as when a child’s resistance or hostility towards one parent is not justified and is the result of psychological manipulation by the other parent”. Cafcass adds that parental alienation “is one of a number of reasons why a child may reject or resist spending time with one parent post-separation”, and notes “all potential risk factors, such as domestic abuse, must be adequately and safely considered, reduced or resolved before assessing the other case factors or reasons”.

When a court is considering whether to make, vary or discharge an order relating to contact or residence (called a child arrangements order), one factor it may take into account is the wishes and feelings of the child concerned. It is therefore important that those views are the child’s alone, and have been not influenced by a parent, for example.

While the courts and those involved with proceedings, in particular Cafcass officers whose role it is to talk to the children involved and to convey to the court their wishes and feeling, have long been aware of the issue of parental alienation, the issue has gained an increased level of interest recently, including through a marked increased in the parliamentary activity on the topic.

In October 2018, Cafcass launched its new Child Impact Assessment Framework (CIAF) which built on existing guidance to its staff in regard to parental alienation (and also other topics such as domestic abuse).

Although the law relating to child arrangements orders (the Children Act 1989 as amended) applies to both England and Wales, the England-only body Cafcass (which this note focuses on) is separate to its Welsh counterpart, CAFCASS Cymru, and as such this note applies to England only. Continue reading “Children: parental alienation and the role of Cafcass (England)” →