Where families experience issues following a separation, for example, where the parents can’t agree on child arrangements. The court must maintain that the children’s welfare is the most important issue. Therefore, the court may provide additional support for the family by imposing a Family Assistance Order.

What is a Family Assistance Order

The Family Assistance Order is not an order you can apply for. The Family Assistance Order is often suggested by the court or CAFCASS officers who have been involved within the case. However, when applying for other orders, such as a non-molestation order, it may be possible to ask the courts to consider a Family Assistance Order.

The order seeks arrangements to improve the child’s relationship with their parents or family members with whom they have had limited contact.

Often the purpose of the Family Assistance Order is to allow CAFCASS officers or local authority officers to assist in preserving and improving the families contact. It requires the designated officer to ‘advise, assist or befriend’ any person named in the order. However, the Family Assistance Order can only be made if everyone who is named in the order consents to it.

Who is Named on The Order

• Parent
• Guardian
• A Person whom the child is living with. This includes anyone on a child arrangement order, who the child is to live with, have contact with etc.
• The child Themselves

How Long does the Family Assistance Order last?

Family Assistance Orders are short-term orders which can last up to 12-months. However, the court defines the length of family orders. This means the order could stand for only a short period of time.

CAFCASS Role During a Family Assistance Orders  

The CAFCASS Officer working on the case monitors the overall progress of the family assistance order whilst it’s in force. They:

• Make sure the exact term of the order is clear for those who are in it
• Make sure what the courts want to take place is clear
• Set goals to achieve during the orders duration
• Amend and add to those goals
• Review the progress throughout the order
• Arrange a final review of the order to reflect on what has been achieved and what needs to be reported back to the courts

Avoiding a Family Assistance order

Within cases, a Family Assistance Order is most commonly required where there is a significant dispute between the parents. However, if the parties can demonstrate to the court that they are willing to ensure their dispute does not prevent either parent from having contact with the children and are putting their personal differences aside. The welfare of the child can be recognised as the number one priority and a family assistance order will not be required.

Contact Us

If you are facing issues following separation and wish to discuss your situation, George Green’s specialist Family Law solicitors are available to support you. Please get in touch by filling in our online enquiry form or by calling 01902 328 355.