Family assistance orders under CA 1989 s. 16
Court may order a family assistance officer to advise, assist, befriend named persons for 12 months, with consent of all named except child. CA 1989 s.16.
Where, in any family proceedings, the court has power to make an order under this Part with respect to any child, it may (whether or not it makes such an order) make an order requiring— an officer of the Service or a Welsh family proceedings officer to be made available; or a local authority to make an officer of the authority available, to advise, assist and (where appropriate) befriend any person named in the order. The persons who may be named in an order under this section (“a family assistance order”) are— any parent , guardian or special guardian of the child; any person with whom the child is living or who is named in a child arrangements order as a person with whom the child is to live, spend time or otherwise have contact ; the child himself. No court may make a family assistance order unless— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . it has obtained the consent of every person to be named in the order other than the child. A family assistance order may direct— the person named in the order; or such of the persons named in the order as may be specified in the order, to take such steps as may be so specified with a view to enabling the officer concerned to be kept informed of the address of any person named in the order and to be allowed to visit any such person. If the court makes a family assistance order with respect to a child and the order is to be in force at the same time as a contact provision contained in a child arrangements order made with respect to the child, the family assistance order may direct the officer concerned to give advice and assistance as regards establishing, improving and maintaining contact to such of the persons named in the order as may be specified in the order. In subsection (4A) “ contact provision ” means provision which regulates arrangements relating to— with whom a child is to spend time or otherwise have contact, or when a child is to spend time or otherwise have contact with any person. Unless it specifies a shorter period, a family assistance order shall have effect for a period of twelve months beginning with the day on which it is made. If the court makes a family assistance order with respect to a child and the order is to be in force at the same time as a section 8 order made with respect to the child, the family assistance order may direct the officer concerned to report to the court on such matters relating to the section 8 order as the court may require (including the question whether the section 8 order ought to be varied or discharged). A family assistance order shall not be made so as to require a local authority to make an officer of theirs available unless— the authority agree; or the child concerned lives or will live within their area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section lets the court make a family assistance order, which requires an officer (from CAFCASS or a local authority) to advise, assist, and befriend certain people. The order can be made even if no other order under Part II of the Children Act 1989 is made.
The people who can be named in the order are parents, guardians, special guardians, the child, and anyone with whom the child lives or who is named in a child arrangements order as a person with whom the child is to live, spend time or have contact. The court cannot make the order unless every named person (except the child) has consented.
The order lasts for 12 months unless a shorter period is specified. The court may direct steps to keep the officer informed of addresses and allow visits. If there is a contact provision in a child arrangements order, the officer can be directed to give advice on establishing, improving and maintaining contact. The officer may also be directed to report on a section 8 order.
A local authority officer can only be required if the authority agrees or the child lives in their area.
When it applies
- A separated couple cannot agree on a contact schedule and the court orders a family assistance officer to advise and assist.
- A grandparent who has a child arrangements order for contact with their grandchild needs support to maintain the relationship.
- A child is caught in high‑conflict parenting and the court orders an officer to befriend and support the child.
- After a care order, the court appoints a family assistance officer to help the birth parents engage with contact arrangements.
- A local authority agrees to make an officer available to assist a family where the child lives in their area.
What this section does not say
- This section does not allow the court to order a local authority to provide financial support or housing.
- It does not give the officer the power to decide where the child lives or to change a child arrangements order.
- It does not permit a family assistance order without the consent of all named adults (the child's consent is not required).
- It does not apply to proceedings where the court has no power to make an order under Part II of the Children Act 1989, such as purely financial disputes.
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This page reproduces the text of CA 1989 s. 16 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.