Family Assistance Orders
The Custody Minefield Factsheets –
Smartphone Series (optimised for smartphone users). Copyright Michael Robinson
2010, 2011.
Who can be named in
the order?
When is a Family
Assistance Order made?
How long does a Family Assistance Order remain in force?
What
is a Family Assistance Order? <Back
to Top>
A
Court can make a Family Assistance Order as a means of providing
social work support to families experiencing difficulties after separation or
divorce. The Court conveys a duty on a CAFCASS Officer or Social Worker to befriend, advise
and assist anyone named in the order. This is often in relation to facilitating
and monitoring contact.
Who
can be named in the order? <Back to Top>
The
order can include the parents or guardian of the children, the children
themselves, and anyone with whom the children live or who are named in a
Contact Order allowing
contact with the children.
Can I apply for a Family
Assistance Order? <Back
to Top>
No.
This type of order is only made when a Judge considers it to be appropriate,
rather than when a parent makes a formal application.
It
may be possible during the course of an application for another form of order,
such as a Residence or Contact Order, to ask the Court to consider making a Family
Assistance Order.
When
is a Family Assistance Order made? <Back to Top>
Family Assistance
Orders will normally only be made when all the people named in the order are in
agreement with it being made.
How long does a Family Assistance Order remain in
force? <Back to Top>
For up to 12 months,
or shorter if a time period is specified in the order.
Does the CAFCASS Officer or Social Worker have any other
role or power when a Family Assessment Order is made? <Back
to Top>
Yes.
They may refer back
to the Court and request a variation to any Residence, Contact, Prohibited
Steps or Specific Issue Order that is in
force in respect of the children named in the Family Assistance Order. The
decision as to whether to vary the order remains with the judge. Neither
CAFCASS nor Social Services can vary or suspend a court order themselves.
The Custody Minefield offers support forums
where you can ask our team of experienced support staff questions about family
law, the courts and separation. Collectively, we have answered more than 10,000
posts on other family law related support forums. Visit our Support Forum Page on
The Custody Minefield website to find out how to register.