This summary guide sets out what happens when a parent or person with parental responsibility makes an application to the Family Court and there are concerns about child sexual abuse. It outlines the steps taken by the Cafcass Family Court Adviser (FCA), the court, children’s social care and the police.
Note: We use the term ‘allegation’ here, in line with legal terminology within the private Family Court system, but our preference is for child-first language such as ‘The child said…’.
How does the court respond to an application in private family law proceedings?
An application may be made for specific orders under the Children Act 1989, such as:
- a Child Arrangements Order (to determine where a child lives and who they spend time with)
- a Prohibited Steps Order (to prevent a parent from taking a certain action)
- a Specific Issue Order (to resolve a specific dispute about upbringing).
Where one party has raised allegations of harm to the child or a parent (including domestic abuse, sexual abuse, or neglect), the court will be notified and procedures will be followed:
- A Family Court Adviser (FCA) from Cafcass will make enquiries to the police and children’s social care, and conduct separate telephone interviews with both parents (parties).
- A referral may be made to children’s social care. A multi-agency strategy discussion (or meeting) may then be held, which may result in a child protection enquiry or a joint-agency enquiry with the police. Decisions about next steps will depend on the child’s circumstances. It could be that a Multi-Agency Child Protection Team (MACPT) remains involved with the child.
- Cafcass prepares a safeguarding letter which advises the court of any allegations and the outcome of its enquiries, with recommendations on how the case should proceed.
- The court decides whether to appoint a Cafcass Children’s Guardian (under Section 16A of the Children Act 1989), rather than a Family Court Adviser.
How may the child be feeling?
When private law proceedings begin, the child is likely to be feeling a complex range of emotions. Their understanding will depend on their age, stage of development and personal characteristics. They may find it difficult to understand the investigation and legal processes, how these will affect them, and how they can participate. It is unlikely that they will understand the role of professionals involved in the court system, even if they have had experience of the Family Court previously.
The combination of family separation, possible investigations/interviews and family law proceedings can significantly affect the child’s emotional wellbeing.
- The child may be dependent on parents who are overwhelmed or lack understanding of the court process, and so cannot support the child in understanding it.
- Without clear, age-appropriate information, the child may ‘fill the gaps’ with their own assumptions, rooted in self-blame, fear, or distorted imagination.
- They may feel uncertain about their future, leading to emotional instability.
- If they are navigating conflicting narratives from their parents, this may feel frustrating, confusing and emotionally exhausting.
- Moving home, changing schools, or the sudden absence of a parent may disturb their sense of emotional and environmental safety.
- For children who have been sexually abused, changes to the home environment or the start of court proceedings may trigger or compound existing trauma.
How can you best help the child at this stage?
There are many ways in which the practitioner network can help the child and other vulnerable family members when there are allegations of child sexual abuse within private law proceedings.
Remember to give the child support that is tailored to them, taking account of their personal characteristics. It important to draw on safeguarding principles, trauma-informed practice and judicial guidance when offering support.
Consider how the child and family’s emotional needs can be supported: what therapeutic support is available, and what support can be provided by safe and supportive adults? Decisions about therapy should consider the child’s readiness and whether the timing is appropriate. Consider any barriers to the child accessing therapy, and reasons why there may be opposition to this from family or practitioners. Remember, though, that the Crown Prosecution Service says children can receive emotional support and therapy during a police investigation.
Children in Private Family Law proceedings may not have any contact with practitioners at this stage, unless there is or has been a single- or joint-agency enquiry by a Statutory Multiagency Child protection Team (MACPT). Any practitioner working with the child should be mindful that the child needs opportunities to feel heard and understood.
Keeping the child engaged and informed is a way of ensuring that their voice is heard and they are at the centre of their court case. Help them to understand court processes, different practitioners’ roles, and what to expect.
Be mindful of biases and common misconceptions – such as a belief that one parent may be fabricating allegations to prevent the other from spending time with the child – when concerns of child sexual abuse are raised during family law proceedings.
External links
- Glossary of commonly used terms and words in family proceedings [Cafcass]
- Taking me seriously – video for children involved in the Family Court [Cafcass]
- Top tips for parents and practitioners [Cafcass]
- What to expect when the court appoints a guardian under Rule 16.4 for my child – factsheet for parents about Children’s Guardians [Cafcass]