Family Assistance Order

Legal Framework and Purpose

Family Assistance Orders are rooted in the Children Act 1989, which underscores the paramount importance of a child’s welfare in all legal considerations. Specifically, Section 16 of the Act provides for FAOs, intending to offer temporary assistance and support to families, with the overarching goal of promoting the child’s best interests during periods of familial adjustment.

The primary purpose of an FAO is to facilitate cooperation and communication among family members, particularly between parents or guardians, in matters concerning the child’s welfare. This can include support during parental separation, helping implement court orders regarding child arrangements, and addressing issues that may arise from such transitions.

Grounds for Issuing a Family Assistance Order

Family assistance orders may be issued when the court deems additional support necessary to ensure the child’s welfare. Common scenarios include:

1. Parental Separation or Divorce: Assisting families in navigating the changes and conflicts that can arise during separation or divorce proceedings.
2. Implementation of Child Arrangements: Providing support to ensure that arrangements regarding the child’s residence, contact, and other aspects of their upbringing are adhered to smoothly.
3. Conflict Resolution: Facilitating communication and cooperation between parents or guardians who are in conflict, thereby reducing the impact of such conflicts on the child.
4. Reintegration into Family: Assisting in reintegrating a child into the family following a period of separation, such as after being in local authority care.

Application Process for Family Assistance Orders

The process of obtaining a family assistance order involves several fundamental steps:

Initiation by the Court:

• An FAO is typically initiated by the family court, either on its own motion or upon the recommendation of a party involved in the proceedings, such as a parent, guardian, or a CAFCASS officer.
• The court assesses whether the order is necessary to support the family and promote the child’s welfare.

Consent of the Parties:

• Importantly, an FAO can only be made if all parties to the order consent, including the parents or guardians and the relevant local authority or CAFCASS officer.
• The requirement for consent ensures that all parties are willing to engage with the process and cooperate with the assistance provided.

Court Hearing:

• The court will conduct a hearing to consider the need for a Family Assistance Order, during which all parties can present their views and evidence.
• The court examines the specific circumstances of the case, the needs of the child, and the potential benefits of issuing an FAO.

Issuance of the Order:

• • If the court decides to issue an FAO, it will outline the specific terms and duration of the order, typically not exceeding twelve months.
  • The order will specify the role of the local authority, or CAFCASS officer in providing assistance and support to the family.

Role and Responsibilities Under a Family Assistance Order

Once a Family Assistance Order is issued, various parties have defined roles and responsibilities:

Local Authority or CAFCASS Officer:

• The designated officer from the local authority or CAFCASS is responsible for providing the agreed-upon assistance and support to the family.
• This can include visiting the family, facilitating communication between parents, helping implement court-ordered arrangements, and providing guidance on resolving conflicts.

Parents or Guardians:

• Parents or guardians are expected to cooperate with the officer, engage in the support process, and make efforts to improve communication and cooperation for the child’s benefit.
• They must adhere to the terms of the FAO and participate in any recommended activities or meetings.

The Court:

• The court retains an oversight role, ensuring that the FAO is implemented effectively and that it serves the child’s best interests.
• The court may review the progress of the FAO and make any necessary adjustments.

Benefits of Family Assistance Orders

Family Assistance Orders offer several significant benefits, particularly in promoting the welfare of children during familial transitions:

Supportive Framework:

FAOs provide a structured framework for families to receive professional support, facilitating smoother transitions and reducing conflicts.

Enhanced Communication:

FAOs help create a more harmonious environment for children by encouraging and facilitating better communication between parents or guardians.

Focus on Child’s Welfare:

The primary focus of an FAO is the child’s welfare, ensuring that their needs and best interests are prioritised throughout the process.

Conflict Resolution:

FAOs can play a crucial role in resolving conflicts and preventing escalations, which can be detrimental to the child’s well-being.

Implementation of Court Orders:

FAOs assist in the practical implementation of court-ordered arrangements, ensuring compliance and addressing any issues that may arise.

Challenges and Considerations

While family assistance orders provide valuable support, they also present certain challenges and considerations:

Requirements for Consent:

The need for consent from all parties can sometimes be a barrier, particularly if one party is unwilling to cooperate or engage with the process.

Short-Term Nature:

FAOs are intended as short-term measures, typically lasting no longer than twelve months. This can limit their effectiveness in addressing long-term issues.

Resource Constraints:

Local authorities and CAFCASS may face resource constraints, impacting their ability to provide the necessary level of support and assistance.

Emotional Impact:

The involvement of an external officer in family matters can be emotionally challenging for parents and children, requiring sensitivity and careful handling.

Compliance and Enforcement:

Ensuring compliance with the terms of the FAO can be challenging, particularly if there is resistance from one or more parties.

Case Studies and Examples

Examining case studies can provide insights into how family assistance orders are applied in practice:

Parental Separation:

In a situation where parents are separating and struggling to agree on child arrangements, a Family Arrangements Officer (FAO) was appointed to assist the family. The CAFCASS officer facilitated communication between the parents, aided them in creating a parenting plan, and offered continuous support to ensure the plan was carried out successfully.

High-Conflict Divorce:

In a high-conflict divorce case, the court issued a Family Assistance Order (FAO) to help the family manage their disputes and lessen the impact on the child. A local authority officer worked with both parents to improve their communication skills and encouraged them to prioritise the child’s needs.

Relocation Dispute:

When one parent sought to relocate with the child, an FAO was issued to support the family in navigating the transition. The CAFCASS officer provided guidance on creating a relocation plan that addressed the child’s welfare and facilitated contact with the non-relocating parent.

Support and Resources for Families

Families involved in Family Assistance Orders can access various support and resources to help them through the process:

Mediation Services:

Mediation can help families resolve disputes and reach agreements without court intervention.

Counselling and Support Groups:

Counselling services and support groups can provide emotional support to parents and children during the process.

Legal Aid:

Some families may be eligible for legal aid to cover the costs of legal representation and support.

CAFCASS:

CAFCASS provides a range of services to support families, including facilitating contact arrangements and providing guidance on resolving conflicts.

The Role of Solicitors

As solicitors, our role in handling Family Assistance Orders is crucial in ensuring that the process is effective and that the child’s welfare is prioritised. Our responsibilities include:

Advising Clients:

We provide clear and comprehensive advice on the implications of an FAO and the likelihood of its success.

Preparing Applications:

We assist in preparing the necessary documentation and evidence to support the issuance of an FAO.

Representation in Court:

We represent clients at court hearings, presenting their case effectively and advocating for their interests.

Negotiation and Mediation:

We help clients explore alternative dispute resolution methods, such as mediation, to reach amicable agreements.

Ongoing Support:

We provide continuous support and guidance throughout the process, ensuring clients understand each step and their rights and responsibilities.

Conclusion

Family Assistance Orders (FAOs) are an important tool in family law that provides structured support to families going through transitions or conflicts. FAOs offer temporary assistance and promote cooperation to ensure the welfare of the child during challenging times.

At DLS Solicitors, our legal professionals are committed to guiding clients through the complexities of family assistance orders with expertise and empathy. We strive to prioritise the child’s welfare while balancing the rights and interests of all parties involved. By providing strong legal support and advocating for amicable resolutions, our goal is to minimise conflict and promote the well-being of families navigating these challenging situations.

Through our dedicated efforts, we help uphold the principles of fairness, justice, and the paramount importance of the child’s welfare within the legal system. Our aim is to ensure that every decision made under a family assistance order is in the best interests of the children involved.