When a Final Order is made following a dispute, usually between parents over the arrangements for the children following a separation, there is an overriding duty of the Court to consider the welfare of the children as the most important factor.
When Is A Family Assistance Order Required?
If an order is made following conflict between the parents or carers of the children, the Court will very often consider how that arrangement in the Court order can be bolstered by the making of other orders that would support the outcome for the children and the decision of the Court. In circumstances where there has been a high level of conflict or a significant breakdown in time spent with a parent, the Court may decide that a Family Assistance Order is needed.
The person who is responsible for continuing to work with the family to ensure that an order is complied with, would be a Social Worker or an officer from Cafcass. The person who is responsible under the Family Assistance Order will usually have prepared a report in the case and will have a good knowledge of the various difficulties which may surround the smooth running of the arrangements following the court hearing
How Long Does A Family Assistance Order Last?
A Family Assistance Order is an order made under Section 16 of the Children Act 1989 and the maximum duration of the order is 12 months or less. In my experience the orders are usually less than 12 months, more usually 6 month orders.
Family Assistance Order - How It Works
An order can only be made where every person named in the order, other than the child, gives their consent to the order being made. If a Social Worker is appointed under the order, then the Local Authority must consent to the order being made unless the child who is the subject of the order lives within the area of the Local Authority.
Before making an order, the court has to consult with either the Social Worker or the Cafcass officer to seek their opinion as to whether or not a Family Assistance Order would be in the best interest of the child and how it may operate.
A Family Assistance Order is usually purposeful in that a clear plan of work is usually drawn up and shared with the parties and the Court to ensure that everyone is clear as to the reason for the Family Assistance Order and the steps that will and will not be taken by the person responsible under the order.
A Family Assistance Order can be made alongside a Child Arrangements Order under Section 8 of the Children Act 1989, which provides for the time that children will spend with parents and other family members. The order will include a termination date for the order. Additionally, at the conclusion of the order, either the Social Worker or the Cafcass Officer appointed will usually be directed by the court to provide a report outlining what has taken place during the order and a copy of the report will be provided to the parents so that they can see a summary of what has happened and what progress has been made.
What Happens At The End Of The Order?
If, at the conclusion of the period provided for under the order there is good reason for the order to continue, it can be extended under the making of a further order.
When the Children Act 1989 came into force, it was the view of many that Family Assistance Orders would be routinely used and attached to orders for contact or residence. In fact, they are not used very often despite the flexibility they provide in ensuring that orders are implemented, and that contact is progressed.
If you would like ny further information on this matter, or any other family law matters, please feel free to contact me. You can reach me on 01332 364436 or via email at f.moffat@timms-law.com. Alternatively, please visit the family page of our website here.
