If you’re separating and worried about fairness in child arrangements, you might wonder if CAFCASS (Children and Family Court Advisory and Support Service) favours mothers. This is a common concern, especially when one parent feels the other has an “upper hand” because the children live with them.
Why Do Some Parents Feel CAFCASS Favour Mothers?
Perceived Advantage:
The parent who applies for a C100 (child arrangements order) or has the children in their care may seem to have an advantage. This is often because they spend more time with the children, and the children’s wishes may naturally align with the parent they see most.Children’s Alignment:
If children haven’t spent much time with the other parent, they may appear closer to the parent they live with—often the mother. This can influence how their wishes are reported, but it’s not the only factor the court considers.
What Does CAFCASS Actually Do?
CAFCASS is just one part of the process. Their recommendations are important, but the court looks at a wide range of evidence before making any decisions. This includes:
The child’s observed wishes and feelings.
Reports from supervised contact sessions.
The history and depth of relationships with both parents.
Submissions and evidence from both sides.
The Court’s Approach: Pro-Contact and Evidence-Based
Family courts in England and Wales believe children do best when they have meaningful relationships with both parents. The judge—not CAFCASS—makes the final decision, weighing all the evidence, not just one report. Getting into arguments with CAFCASS or the other party rarely helps; it’s better to focus on presenting your case clearly to the court.
What Should Parents Do?
Focus on your relationship with your child and provide evidence of your involvement.
Cooperate with CAFCASS and the court process.
Avoid petty disputes and concentrate on what’s best for your child.
In Summary
While it may sometimes feel like mothers have an advantage, CAFCASS does not automatically favour one parent over the other. The court considers many factors, and the depth of your relationship with your child can weigh more than any single recommendation. The goal is always to support safe, meaningful contact—unless it’s unsafe to do so.
If you have concerns about bias or want to know how to present your case, you can ask questions or upload documents for further explanation.
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