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. There are strict controls on reporting of family cases so as to protect the privacy of the parties, and particularly of any children involved.
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 a lay adviser to help him or her. Lay 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 discussing their case. These restrictions do not stop you discussing your case or showing court papers to your spouse or partner, to legal advisers, to a lay adviser, 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.
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 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 according to the parties' agreement or the court's decision. Not all court cases end with court orders. The court may decide in a case about a child 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 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.
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 have limited powers to make decisions about the way cases are dealt with in the courts.
CAFCASS Officers
CAFCASS officers are qualified in social work and experienced in working with children and families. The welfare of children is always their chief concern. Children and Family Reporters assist the court in some cases where parents or others cannot agree about arrangements for children. Children's Guardians represent the child and assist the court in most cases where a children's services authority wants an order to protect the child from harm.
Children and Family Reporters (CFRs) assist with the work of the court through dispute resolution, reporting on the child's welfare and monitoring the outcome.
Dispute resolution - In cases where parents and others cannot agree about arrangements for children, the court may ask a Children and Family Reporter to meet with the parties to see if things can be sorted out without having to go on with the court case.
Reporting - If no agreement is reached, the court may ask the Children and Family Reporter to make a report for the court about the children's welfare and the parents' plans. The report states what the CFR has done and makes recommendations to the court.
Monitoring - when orders have been made the court may ask the CFR to check whether they are working.
Children's Guardians - are appointed by the court to represent the rights and interests of children in cases that involve children's services authorities. They are independent of social services, courts and everyone else involved in the case. Children's Guardians appoint a solicitor for the child, advise the court about what information is required before the court makes its decisions and report to the court saying what they think would be best for the child. Children's Guardians spend time getting to know the children and members of their family. They talk to other people who know the family, such as relatives, teachers, social workers and health visitors. They attend meetings on behalf of the child, check records and read reports and statements. They may also recommend to the court that other professionals, such as a paediatrician or a psychologist, are asked to provide expert advice for the court.