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Children · Cafcass · safety

When do Cafcass recommend no contact?

Cafcass recommends no contact where its risk assessment finds that time with a parent would not be safe or beneficial for the child; its guidance says that in some high-harm cases recommending "no spending time" is appropriate[1]. Its starting point is no time with a parent investigated for or convicted of a sexual offence[2]. The court decides[3].

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Last reviewed Sources checked

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Cafcass Domestic Abuse Practice Policy published[2]
At least this share of private law children cases involve domestic abuse allegations[4]
No face-to-face contact upheld in Re C (2011), with indirect contact[5]

01/ The starting point

Where the law starts

When a court decides anything about a child's upbringing, the child's welfare is its paramount consideration[9]. In an opposed case it presumes that each parent's involvement will further the child's welfare, but only for a parent who can be involved without putting the child at risk of harm, and "involvement" can be direct or indirect[10].

Practice Direction 12J tells the court to consider carefully in every case whether that presumption applies, paying particular attention to any allegation, admission or evidence of domestic abuse[11]. The Government has said it will remove the presumption through the Courts and Tribunals Bill, which has not yet become law[12][13].

The case law treats stopping contact as a serious step[5]. In Re C (2011) the Court of Appeal summarised it: contact is almost always in a child's interests and should end only in exceptional circumstances, for cogent reasons, as a last resort, but the child's welfare is paramount[5].

02/ Cafcass guidance

When Cafcass may recommend no contact

Cafcass's published guidance for its Family Court Advisers points to these situations[2][1][14]:

  • Sexual offences. The starting point is that a child should not spend time with a parent who is being investigated by the police for a sexual offence, has a conviction for one, or has served a prison sentence for violent and sexual offences[2].
  • High-harm domestic abuse. In some high-harm cases it is appropriate to recommend "no spending time", and a section 91(14) order, which stops further applications without the court's permission, may also be considered[1][15].
  • Where the risk cannot be made safe. Any recommendation must follow a well-reasoned risk assessment of why arrangements are or are not safe or beneficial for each child[1].
  • Where a child does not want to see a parent. After assessing the reasons, an adviser may in some cases recommend an end to proceedings with no family time[14].

An adviser who recommends "time with" or "live with" arrangements where domestic abuse is being investigated, found, known or reported must give a clear, unequivocal and compelling reason[2]. Before recommending no arrangements, they should weigh any harm to the child, for example to their sense of identity[1].

03/ The court's test

The test the court applies after domestic abuse

Any order for contact must not expose the child to an unmanageable risk of harm and must be in the child's best interests[16]. Where domestic abuse has been found, admitted or otherwise established, the court should order contact only if the physical and emotional safety of the child and the parent they live with can, as far as possible, be secured before, during and after contact, and that parent will not face further abuse[16].

In deciding, the court looks at the conduct of both parents towards each other and the child, including[17]:

  • the effect of the abuse on the child and on where they live[17];
  • the effect on the child's relationship with each parent[17];
  • whether a parent is motivated by the child's best interests or is using the process to continue abuse[17];
  • the likely behaviour of that parent during contact and its effect on the child[17]; and
  • whether each parent can appreciate the effect of past abuse and the potential for future abuse[17].

04/ The options

Not just contact or no contact

Cafcass tells its advisers that arrangements are not a simple choice between "direct" and "indirect" contact: the options run from cards and letters, through video calls, to supervised and unsupervised time together[1]. Where direct contact is not appropriate, the court must consider whether indirect contact is safe and beneficial[17].

Staff stay within sight and sound of the child in a one-to-one observed setting, make observations and write reports[18]. Where it orders direct contact after domestic abuse, the court considers whether it should be supervised, by whom and for how long[19]. See supervised contact.

05/ While facts are disputed

While allegations are undecided

Cafcass does not decide whether allegations are true: advisers no longer write "claims" or "alleges" in reports, because it is for the court to determine the facts[2]. Where the court has directed a fact-finding hearing, or allegations are still undetermined, it should not make an interim order unless that is in the child's interests and would not expose the child or the other parent to an unmanageable risk of harm[11].

If an adviser suspects at any stage that a child is at risk of harm, they must give the court a risk assessment and refer the concern to children's social care[21][22].

06/ Your child's view

What your child says

The court must consider the child's wishes and feelings in the light of their age and understanding[9]. The Harm Panel's 2020 report found that advisers had prioritised children spending time with a parent even when a child said they did not want to, which Cafcass cites as the background to its policy[2].

A child's wishes are not always the same as what is safe or best for them; where a recommendation cannot follow what a child wants, Cafcass says the reasons must be explained to the child[14]. A child may resist seeing a parent for many reasons, including fear of a parent who has been abusive[23]. See parental alienation for how Cafcass and the courts look at a child's refusal.

07/ The decision

The court decides, and explains why

A Cafcass recommendation is advice to the court[20]. A judge can depart from it, but must give clear reasons[3]. If the court finds domestic abuse proved but still orders contact, it must explain why the order will not expose the child to harm and is good for the child[17].

Stopping face-to-face contact is not always permanent[5]. In Re C the Court of Appeal upheld an order for no face-to-face contact for at least 18 months, with indirect contact continuing[5]. After domestic abuse, the court can consider whether a parent should first complete an assessment or a domestic abuse programme, which Cafcass commissions and which takes time[24]. See the section 7 report for how an adviser reaches a recommendation, and what Cafcass is.

08/ What you can do

If you are worried, or you disagree

If you are worried about your child's safety, tell the court on Form C1A and tell Cafcass in the safeguarding phone call[25][21]. The court must make special arrangements at hearings where a party needs protection, and if you are, or are at risk of being, a victim of domestic abuse it must consider measures such as keeping you from seeing the other party or giving evidence by video link[26][27]. See domestic abuse support; the support lines are at the end of this page.

If Cafcass recommends no contact and you disagree, raise it in court: a challenge to an adviser's assessment is not handled as a complaint[28][20]. The judge will weigh your evidence and the report before deciding[20].

If you have concerns about your child's safety

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09/ Questions

Frequently asked questions

When do Cafcass recommend no contact?

Where their risk assessment finds time with a parent would not be safe or beneficial; Cafcass guidance says in some high-harm cases recommending "no spending time" is appropriate[1].

Can Cafcass stop me seeing my child?

No. Cafcass makes recommendations; the court makes the decision and must give reasons if it departs from them[20][3].

Does the court always follow Cafcass on no contact?

No. A judge can depart from a Cafcass recommendation, but must give clear reasons for doing so[3].

Is no contact permanent?

Not necessarily. In Re C the court upheld no face-to-face contact for at least 18 months with indirect contact continuing[5].

What happens if my child refuses to see the other parent?

Cafcass first considers whether domestic abuse or other harmful parenting is the reason, and may in some cases recommend no family time[29][14].

Will indirect contact be ordered instead?

Where direct contact is not appropriate, the court must consider whether indirect contact would be safe and beneficial[17].

What is a section 91(14) order?

An order that stops a person making further Children Act applications without the court's permission; courts consider one where applications could continue domestic abuse[15].

10/ Sources

Sources we checked

  1. Domestic Abuse Practice Pathway — Cafcass · Domestic Abuse Practice Guidance — Cafcass
  2. Cafcass publishes new Domestic Abuse Practice Policy — Cafcass
  4. Guidance on responding to a child's unexplained reluctance, resistance or refusal to spend time with a parent and allegations of alienating behaviour (December 2024) — Family Justice Council
  6. FMC MIAM Standards (Aug 2022) PDF
  7. GOV.UK — mediation · FPR r3.9
  8. FPR Part 3, r3.8(1)(d)
  9. Children Act 1989, section 1 — legislation.gov.uk
  10. Children Act 1989, section 1 — legislation.gov.uk
  11. Practice Direction 12J, paras 7 and 25 — justice.gov.uk
  12. Children to get swifter justice as new family court approach expands nationally — Ministry of Justice, GOV.UK
  13. Courts and Tribunals Bill — UK Parliament · Government moves to protect children from abusive parents through new Courts and Tribunals Bill — Ministry of Justice, GOV.UK
  14. Understanding why a child does not want to spend family time with a parent: a guide to assessment — Cafcass
  15. Practice Direction 12J, para 4A — justice.gov.uk
  16. Practice Direction 12J, paras 35–36 — justice.gov.uk
  17. Practice Direction 12J, paras 37–40 — justice.gov.uk
  18. Types of family time — NACCC
  19. Practice Direction 12J: Child arrangements and contact orders, domestic abuse and harm — justice.gov.uk
  20. Section 7 reports — Cafcass
  21. Practice Direction 12B: Child Arrangements Programme, paras 13.1–13.8 — justice.gov.uk
  22. The safeguarding letter — Cafcass
  23. Alienating behaviours — Cafcass
  24. Practice Direction 12J, paras 33–34 — justice.gov.uk
  25. Form C1A — HMCTS, GOV.UK (updated 1 June 2026) · Form C1A (06.26), PDF — HMCTS
  26. Practice Direction 12J, paras 5, 9 and 10 — justice.gov.uk
  27. Family Procedure Rules, Part 3A (rules 3A.2A and 3A.8) — justice.gov.uk
  28. I want to give feedback or make a complaint (parents) — Cafcass · How to contact us — Cafcass
  29. Alienating behaviours — Cafcass

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