Courts, lawyers and CAFCASS

Privacy and the Family courts
What is the role of the court?
Who is who in the court?
Lawyers
Mackenzie Friends
Judges
Magistrates
CAFCASS officers

Privacy and the Family Courts

Courts hearing family cases are not open to the public. Journalists are permitted to attend most hearings in family courts but can be excluded by the judge.  If you are anxious about this tell your lawyer or if you are not represented tell the judge or magistrates.  There are strict controls on reporting of family cases to protect the privacy of the people involved ( called the parties), and particularly to protect children.

These restrictions also allow the court to control who the parties bring with them to court. Your lawyer will always be allowed to attend but the court may not allow relatives or friends to attend the hearing. A party who is unrepresented may be allowed to bring an adviser.  Advisers known as MacKenzie Friends, are not allowed to speak to the court.

The restrictions on privacy also prevent the parties showing others their court papers, including their own statements and prevent them discussing their case. These restrictions do not stop you discussing your case or showing court papers to your spouse or partner, to your legal adviser, to a lay adviser, (ie to your MacKenzie Friend), to your M.P. or to the Police.  You can also do this so that you can get health care or counselling for yourself or your child, or for the purposes of mediation in relation to the proceedings. 

For further information see the HMCS leaflets


EX710: Can I talk about my case outside court?


EX711: Can the media attend my court case?


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What is the role of the court?

  • To control the proceedings so they are dealt with fairly and with the minimum of delay.
  • To hear evidence and make decisions about the facts. In family cases the judge or magistrates decides on the basis that it is more probable than not that an event happened. This is called the 'civil standard of proof'.
  • To decide questions of law. The judge will hear arguments from lawyers and make a ruling. In the Family Proceedings Court, questions of law are decided by the magistrates with the help of a legal adviser. 
  • To decide the outcome if the parties cannot agree and a ruling is required.
  • To make court orders, either  following the agreement of the parties or a decision by the judge or magistrates.  not all court cases end with court orders.  (In a case about a child) the court may decide that it is in the child's best interests for  no order to be made.

Which courts deal with family cases?

  • Family Proceedings Courts (Magistrates’ Courts) deal with most types of cases about children but cannot grant a divorce or dissolution, or make orders about property.
  • County Courts deal with divorce, family property and cases about children. Cases from the Family Proceedings Court may be transferred to the County Court if they are complicated or the County Court is dealing with other matters about the family.
  • The High Court deals with very complicated family cases and cases with a foreign element.

Her Majesty's Courts Service (HMCS) is responsible for the courts.

Who is who in the courts?

Lawyers

Solicitors or Barristers represent people who take their case to court.

MacKenzie Friend is the name given to a lay adviser who helps someone who is not legally represented. MacKenzie Friends are usually allowed to assist parties in the family court but are not allowed to speak to the court. MacKenzie Friends have a duty of confidentiality to the court. Click here for the guidance


Judges and magistrates
Judges and magistrates resolve disputes relating to children and other family issues. Judges and magistrates who hear cases involving family disputes are specially chosen and receive specialist training.


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Further information on them their responsibilities can be obtained from:


Judges 
Magistrates
The Judicial Studies Board provides training for judges and magistrates.
 
Magistrates' legal advisers
Magistrates' legal advisors are specially qualified lawyers who manage hearings in the magistrates' courts, including the Family Proceedings Court, and advise magistrates about law and procedure. Magistrates' legal advisors can make decsions about the way cases are dealt with in thehave limited powers to make decisions about the way cases are dealt with in the courts.


Cafcass/CAFCASS Cymru. The Children and Family Court Advisory Support Services works with children and their families and advises the courts on what they consider to be in the best interests of individual children.


Cafcass Officers: Family Court Advisors. Family Court Advisers are qualified in social work and experienced in working with children and families. The welfare of the children is thier chief concern.  Their job is to assist the court where parents/ carers cannot agree about arrangements for a child.


Cafcass Officers: Children's Guardians represent the child and assist the court in cases where a Local Authority wants ban order to protect the child from harm, or in adoption cases.  Children's Guardians are appointed by the court to represent the rights and interests of the children.  They are dependant of the local authority and everyone else involved in the case.  The Children's Guardian appoints a solitcitor for the child and talks to the child, parents, relatives,teachers, social workers and other professionals who know the family.  Children's Guardians advise and report what they think is best for the child.


Cafcass Officers: Family Support Workers work with children and families supporting contact and helping Family Court Advisers.


 


The role of Cafcass


Dispute resolution - In cases where parents and others cannot agree about arrangements for children, the court may ask a Cafcass officer to meet with the parties to see if things can be sorted out without having to go on with the court case.


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Reporting - If no agreement is reached, the court may ask the Cafcass officer to make a report for the court about the children's welfare and the parents' plans. The report states what the Cafcass officer has done and makes recommendations to the court.


Monitoring - when orders have been made the court may ask the Cafcass officer to check whether they are working.


Safety Checks -When applicants relating to children are made to the court Cafcass first finds out if the police or Local Authority have information which raises concerns about the child's safety, for example domestic violence.  This information helps the  court to make decisions which are best for the child.


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