Family law solicitor, Angelique Holm, answers your questions on what a Section 7 report is and why it is important in your child arrangement order, specific issue, relocation or prohibited steps order application.
For children and family law advice call Angelique Holm on 0203 488 8620 or email
info@hopeholm.co.uk or visit our website Hopeholm Family Law.
What is a Section 7 report?
When an application is made to the family court for a children law order the family judge can order that a Section 7 report be prepared. The court application is then delayed for the report to be produced.
A Section 7 report is prepared by an officer from the Children and Family Court Advisory and Support Service (CAFCASS). The report is sent to the court but all parties to the court application receive a copy of it. After the report is released there is normally a further court directions hearing. At that directions hearing the court may order further statements, order a report from an expert (such as a child psychologist) or the court may list the application for a final hearing.
If you can reach an agreement over future parenting arrangements with the other parent then the directions appointment can be used to make a final order to conclude the child arrangement order, specific issue order, relocation order or prohibited steps order application.
What does a Section 7 report cover?
A section 7 report can either focus on your child’s wishes and feelings or the judge can ask the report writer to also address welfare issues.
An example of a welfare issue is your ability or your ex-partner’s ability to meet your child’s physical or emotional needs. Another example of a welfare issue is the impact of any change in living or contact arrangements on your child.
The length of time it takes to obtain the report may depend on whether the report is focused on your child’s wishes or if it is also addressing wider welfare issues.
Who prepares a Section 7 report?
A Section 7 report is prepared by a CAFCASS officer. CAFCASS is an organisation independent of the family court and local authority. The job of a CAFCASS officer is to help the court decide a children law application by providing information about the child or their circumstances.
In preparing their report the CAFCASS officer will normally meet the child and they will speak to both parents and professionals who can provide relevant information. For example, a CAFCASS officer may speak to the child’s school or nursery. The CAFCASS officer may want to observe a contact visit between parent and child.
A CAFCASS officer has a social work background and is specially trained to interview older children and to talk to and observe younger children.
Can a parent insist on a Section 7 report?
The court decides if a Section 7 report is required. A parent cannot insist that one is ordered although you can request one and make submissions to the judge about why the report will help the court. The other parent could object to the report. For example, they could say that you are asking for the report as a delaying tactic because the court will need to delay deciding the children law application pending receipt of the report.
A judge may refuse to order a report if the judge does not think one is necessary. For example, the judge may say a report is unnecessary if parents are in dispute over whether their child is returned home at 5 o’clock or 6 o’clock or if contact takes place on a Saturday or a Sunday. A judge may say a report is needed if parents are in dispute over their child’s wishes or if one parent is alleging that the other parent is incapable of meeting the child’s needs. For example, if there are allegations of alcohol addiction, drug abuse or parental alienation behaviour.
Can a parent refuse to participate in a Section 7 investigation and report?
A parent can decide that they do not want to meet with the CAFCASS officer. The officer will still prepare a report and the court may draw adverse inferences from the fact that a parent refused to speak to the CAFCASS officer.
Will a Section 7 report decide the outcome of a children law application?
The judge decides on what type of child arrangement order, relocation order, specific issue order or prohibited steps order is in your child’s best interests. However, the judge will be highly influenced by the views and recommendations of the CAFCASS officer. The judge is only likely to go against the report recommendations if you can bring a very sound case to say why there are cogent reasons the CAFCASS officer’s recommendations should not be followed.
As the CAFCASS report is highly influential it is best to carefully consider with your family law solicitor whether it is in your interests to ask for one and the steps to take if the report does not make the recommendations you hoped for. There are ways a specialist family law solicitor can challenge the report or its recommendations.
It is best to take specialist legal advice before you start an application for a children law order but it is never too late to ask for help and representation in the court proceedings.
For advice on children law applications and for representation in family law disputes call Angelique Holm on 0203 488 8620 or email info@hopeholm.co.uk or visit our website Hopeholm Family Law.