It has been well publicised that the family courts can be expensive, adversarial, stressful and slow. In 2020 the Ministry of Justice completed the Assessing risk of harm to children and parents in private law children cases report ( the Harm report) which determined the family court was failing some children and their families especially where domestic abuse was raised. As a result, the Pathfinder Pilot scheme was rolled out in certain areas with the aim to be more inquisitorial and less combative. It is intended this will provide quicker decisions with early risk assessment and holistic problem solving. It covers applications for Child Arrangements, Prohibited Steps orders, Specific Issue orders and enforcement.

The Pathfinder pilot was first used in North Wales, Dorset and Birmingham and has expanded to include other courts including in West Yorkshire. Data from the pilot suggests proceedings are concluded much quicker.

Pathfinder has been renamed the Child Focused court and the Government has confirmed intention to roll it out across the country within the coming financial years.

David Lammy commented:-

“Court backlogs are not just numbers on a page. When it comes to the family courts, they represent victims waiting, families in limbo and children and domestic abuse victims left to linger in harm’s way. That is why the national rollout of the Child Focused Courts matters so much. It will protect, support and hear the voices of children, helping family courts make safe and fair decisions without delay.”

How does it work?

The aim is to obtain information early. The court will receive the application and it is important that relevant information is contained within this. If you receive an application, it is important to send your response to the court so they have your views.

Cafcass will be asked to complete a Child Impact Report. This aims to provide an overview of the child’s lived experiences and replaces the Cafcass safeguarding letter. The Child Impact report will cover issues such as: –

  • Where the child is living and time they are spending with the other parent
  • How they are card for
  • Any risks or concerns about harm
  • Information from other agencies including any domestic abuse support workers
  • The child’s daily lived experience
  • Any previous court proceedings
  • Any support that is already in place
  • Recommendations

This means a judge will have a rounded overview of the child before making decisions.

The judge will review the information without the parties present and decide the next steps. The judge could propose the parties undertake non-court dispute resolution such as mediation, request further assessment or evidence or list a decision-making hearing. If there is consent between the parties a final order could be made at this stage.

If a decision-making hearing is listed, it is led by the judge and the aim is to problem solve collaboratively. While the Child Focused courts try to avoid a contested hearing, if necessary one will be listed.

Benefits

A number of benefits have been highlighted about the Child Focused courts, including:-

  • Swifter outcomes
  • Reduced costs
  • Reduction in conflict
  • Victims of Domestic abuse are supported by an Independent Domestic Violence Advisor (IDVA)
  • Fewer hearings
  • Greater transparency
  • Reducing trauma and stress during the court process

Concerns

There are some concerns about the Child Focused courts which need to be considered. These include:-

  • Prejudice from premature decisions
  • First impressions carrying more weight
  • Evaluative judgements being made prior to facts being determined
  • Complexities such as coercive control, alienation or high parental conflict not being properly determined or remaining unresolved
  • Strain on resources

Do I still need legal advice?

While the hope is that the Child Focused courts will be easier to navigate by a parent who is representing themselves early legal advice is crucial.

As the case is being front loaded with information, once the course of proceedings is set it may be difficult to change the direction the proceedings are going in. It is important to ensure the court has all the relevant information needed for safe decisions and to ensure procedural fairness.

Legal advice will also ensure parents are provided with the range of options that are open to them, including non-court dispute resolution.

Conclusion

The Child Focused courts are a significant change in private children proceedings. It is important that children and parents have swift resolutions, but this should not be at the costs of procedural fairness. As the Child Focused model is rolled out it is likely to be refined and changes made to ensure decisions are effective for children and their families long term. Ultimately while early data shows quicker outcomes time will tell if these decisions genuinely work long term in the child’s best interests.

If you would like further advice about proceedings for your children please contact the dedicated children team at Ringrose Law on 03333580393