In private law family proceedings, where parents or other family members such as grandparents, are asking the court to decide arrangements for a child, one of the main concerns are about how these decisions are made is the involvement of the voice of the child. In this guide, we will break down private family proceedings, the involvement of an organisation known as CAFCASS, and how your child’s voice is heard and protected.
What are private family proceedings?
Private family law proceedings occur when disputes about children are taken to court without the involvement of social services, by either a parent or carer making a direct application to the court. These cases typically arise when parents or carers cannot agree on issues such as, the living arrangements for children or who they spend time with (formerly known as custody and access or residence and contact arrangements).
They may include:
- Child Arrangements Orders – decisions about where the child will live and how much time they will spend with each parent
- Prohibited Steps Orders – orders which prevent a parent from taking a certain action, such as taking the child abroad without permission
- Specific Issue Orders – orders which address a specific aspect of a child’s welfare which parents/carers cannot agree on, such as schooling or medical treatment
This process can be complicated, especially if there are disagreements between parents or carers, and as the child is not directly involved.
Who are CAFCASS and when do they become involved?
CAFCASS are an independent organisation who ensure the welfare of children is paramount in legal proceedings. Upon the making of any application, a copy is automatically sent to CAFCASS to carry out initial safeguarding checks to look for concerns such as:
- Domestic abuse
- Allegations of serious harm
- Social services involvement
Family Court Advisors (FCA’s)
In private family proceedings at the first hearing (known as a First Hearing Dispute Resolution Appointment or FHDRA) families will meet an FCA from CAFCASS, who is an independent, qualified social worker. Their role is to independently advise the court in determining which arrangements are in a child’s best interests.
An FCA will:
- Carry out safeguarding checks
- Speak with the family and the child
- Attend the First Hearing Dispute Resolution Appointment (FHDRA)
At the FHDRA, the FCA assists the court in identifying the key issues and helping explore whether and agreement can be reached. If the court considers that further information is required, it may direct CAFCASS to prepare something called a Section 7 report, under S7 of the Children Act 1989. This report will assess a child’s welfare, needs, safety and wishes in order to make recommendations. The court places significant weight on this report, although the final decision always remains with the Judge.
A child being made a party
In complicated cases, under rule 16.4 of the Family Procedure Rules 2010, the court can appoint a Children’s Guardian from CAFCASS (this is usually the FCA involved in the case). CAFCASS’s advice is upheld in high regard and mostly inform the court’s orders unless there is a reason not to.
CAFCASS are important as they ensure that the child’s voice is heard in court. They are a neutral party and gather facts to provide the court with an objective assessment. Their role is to make sure that any decisions made are in the best interests of the child.
When a child becomes a party to proceedings, this means they are now officially included in the legal process and are provided with their own legal representation.
They will have:
- A Children’s Guardian from CAFCASS
- A lawyer appointed by the Guardian to specifically represent the child
This is a step that will only be taken if the court deems it is in the child’s best interests, and often in cases of significant difficulty. Therefore, this may only occur in a minority of cases.
The children's wishes and feelings
The court must consider the wishes and feelings of children. This is one of the factors which the court must consider when making decisions as set out in the "welfare checklist" of Section 1(3) of the Children Act 1989. The FCA or Guardian who will conduct investigations, may have direct conversations with the child to ascertain their views, and then set out details of the children's wishes and feelings and provide appropriate recommendations in their reports. Subject to their age and level of understanding, children may be made aware of the proceedings in an appropriate and child focussed way and have the opportunity to participate in them or otherwise contribute to them. It is important children are not in any way negatively influenced or coerced into expressing a particular view or made to feel that they are responsible for the court's decisions.
How parents can support their child’s voice in court
As a parent, there are steps you can take to ensure your child’s voice is considered:
- Encourage open and honest communication – let your child know they can express their feelings openly
- Do not seek to negatively influence your child's views against the other parent as this will raise concern
- Remain patient, calm, and supportive – make sure your child feels safe to speak up
- Stay informed – understand the roles of CAFCASS, Guardians and children’s Lawyers so you can support the process
Judges writing letters to children
In 2025, a guidance toolkit was published by the President of the Family Division, for family judges due to increasing recognition of the importance of children understanding court decisions. Judges are now encouraged to provide written explanations to the children following the end of court proceedings, setting out the outcome in age-appropriate language so that children can understand how and why decisions were made about them and their lives. This reinforces the fact that children are individuals whose perspectives matter and that their views and voices are of central importance.
How our family law team can support you
At Stephensons, our team has extensive experience within private family proceedings and are here to help you navigate the complexities of these matters. Contact us today on 0161 696 6193 to see how we can support you through this important process.
Blog author: Aalia Raza
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