News · Children and the courts

Cafcass demand rises 9.7%: what parents can expect in a child arrangements case

New figures from Cafcass show a substantial rise in the number of children’s cases entering the family justice system in England.

Between 1 April and 30 June 2026, total demand for new children’s cases was 9.7 per cent higher than during the same three month period in 2025. Private law demand, the category that includes disputes between separated parents about where a child lives or spends time, rose by 12.6 per cent.

At the end of June, Cafcass had 29,150 open children’s cases, 6.8 per cent more than a year earlier. Those cases involved 46,645 children.

What does Cafcass do?

The Children and Family Court Advisory and Support Service, usually known as Cafcass, provides independent advice to family courts in England about children’s welfare. In a private law case, Cafcass may become involved after someone applies for a child arrangements order, a prohibited steps order or a specific issue order.

Cafcass does not act for either parent, provide legal advice or make the final decision. Its role is to assess matters affecting the child and advise the court. The judge or magistrates remain responsible for deciding what order, if any, should be made.

What happens after a child arrangements application?

Once the family court receives an application, it normally sends Cafcass a copy of the application and any supporting documents. Before the first hearing, Cafcass will usually:

1. Carry out checks with the police and the relevant local authority.
2. Arrange telephone interviews with the adults who are parties to the case.
3. Prepare a safeguarding letter for the court.

The purpose of the telephone call is primarily to identify any concerns about the child’s safety or welfare. Cafcass says the interview usually lasts around 30 minutes, although parents should allow up to 45 minutes and be somewhere private.

Parents can sometimes become concerned when they do not hear from Cafcass immediately after receiving notice of the proceedings. Cafcass warns that interviews may be scheduled close to the hearing date. A late appointment does not necessarily mean the case has been forgotten.

At this initial stage, Cafcass will not ordinarily meet or interview the child. Its early enquiries are based on the application, safeguarding checks and discussions with the adult parties.

What is a Cafcass safeguarding letter?

The safeguarding letter is a short report prepared for the first hearing, normally sent to the court at least three days before it. It may contain the child’s present living and contact arrangements, the outcome of police and local authority checks, concerns raised during the parents’ telephone interviews, an assessment of any risk of harm, and advice about what the court should do next.

Where Cafcass identifies a concern about a child’s safety, it may prepare a risk assessment and refer the concern to the local authority’s children’s social care service.

Parents will usually receive the safeguarding letter, although there are exceptions, for example where disclosing particular information could create a risk. The letter is confidential and should not be published or circulated to people outside the proceedings.

Will rising Cafcass demand delay my case?

The increase reasonably indicates greater pressure on Cafcass and the wider family justice system. It does not, however, establish that every new application will be delayed or predict how long an individual family’s proceedings will take.

The latest Ministry of Justice figures provide a more direct measure of court duration. Private law Children Act cases disposed of between January and March 2026 took an average of 35 weeks, approximately five weeks less than in the equivalent quarter of 2025. Just over half, 52 per cent, were dealt with within 26 weeks. Our family court delays data page tracks these figures as they are updated.

An average cannot predict a particular case. A straightforward application in which parents reach an agreement may conclude at or shortly after the first hearing. A case may take considerably longer where there are disputed allegations of domestic abuse or harm, safeguarding concerns requiring further investigation, directions for a fact finding hearing, complex medical, educational or relocation issues, or a need for a detailed section 7 report.

At the first hearing, the court may approve an agreed arrangement if satisfied that it is in the child’s best interests. Where agreement is not possible, it may order further work, including mediation assessment, a parenting programme, fact finding or a section 7 assessment.

What is a section 7 report?

Not every child arrangements case requires a section 7 report. The court may order one where it needs a more detailed assessment of the disputed issues and the child’s welfare. A Cafcass Family Court Adviser may then speak to both parents, engage directly with the child and, where relevant, obtain information from people such as teachers, health professionals or family members.

A child old enough to express views may usually be spoken to alone, sometimes at school or another neutral venue. With a baby or very young child, the adviser may observe the child with a parent or carer.

The child should not be asked to decide the case or choose between their parents. Their wishes and feelings are important, but they form part of a broader assessment of their welfare, needs, safety and family circumstances.

How should a parent prepare for a Cafcass interview?

The interview is not a test of which parent can make the stronger attack on the other. Cafcass needs clear information about the child and any risks affecting them. Before the call, it can help to:

• Read the application and any allegations or responses already filed.
• Write down the child’s current arrangements and normal weekly routine.
• Prepare a short chronology of important events.
• Have relevant dates, police reference numbers or social services details available.
• Explain what arrangement you believe would meet the child’s needs and why.
• Separate facts you personally know from concerns or conclusions you have drawn.
• Check your email, including the junk folder, for the Cafcass welcome letter and secure messages.

Concerns about domestic abuse, substance misuse, threats, unsafe care, neglect or a risk of abduction should be explained clearly. Parents should not minimise genuine safeguarding concerns to appear cooperative. Equally, historic relationship grievances should not be presented as child welfare concerns unless they have a real bearing on the child. The most useful information explains how particular behaviour has affected, or may affect, the child.

Parents should also avoid coaching the child or repeatedly questioning them about what they intend to tell Cafcass. Children should not be made to feel that they are responsible for the outcome.

If you would like structured help getting ready, Family Law Service offers a Cafcass prep meeting with a family law professional. Family Law Service is run by Family Legal Ltd, the publisher of this site.

Where does family mediation fit?

In most cases, a parent must attend a Mediation Information and Assessment Meeting before applying to court, unless an exemption applies, including in circumstances involving domestic abuse, urgency or a risk of harm.

Mediation may also be considered after proceedings have begun. It can help parents explore practical arrangements for school weeks, holidays, handovers, communication, travel and important decisions without asking the court to determine every detail. Where it is safe and appropriate, child-inclusive mediation may provide a structured way for a child’s experience and wishes to be heard, without placing responsibility for the final decision on the child.

An agreement reached through mediation is not automatically a court order. Where proceedings are already underway, the parents may ask the court to approve agreed arrangements. The court will consider whether the proposal meets the child’s best interests.

Keeping the child at the centre of the case

Higher caseloads understandably create concern for parents already anxious about a court application. The best preparation is not to produce the longest possible history of the adult relationship. It is to give Cafcass clear, relevant and accurate information about the child: their safety, their emotional and developmental needs, their relationship with important family members, the practical effect of each proposed arrangement, and their wishes and feelings, considered in light of their age and understanding.

Cafcass may advise the court, but the family court makes the final decision and will only make an order it considers best for the child.

A note for parents in Wales

The figures discussed above relate to Cafcass in England. Family cases in Wales are supported by Cafcass Cymru, a separate Welsh Government service that provides child focused advice, safeguards children and helps ensure their voices are heard when directed by the court. Parents in Wales should follow the process and directions issued by Cafcass Cymru and their local family court.

Sources: Cafcass data; Today’s Family Lawyer; Ministry of Justice, Family Court Statistics Quarterly. Checked 17 July 2026.

This article is general information about the family justice system as at July 2026, not legal advice about an individual case. More family law news on our news page.