The family justice system in England and Wales is undergoing a significant shift. In response to longstanding concerns about delays, cost and the impact of proceedings on children, a new approach to resolving private law disputes is being rolled out more widely across the courts.
Often referred to as a more “child-focused” model, and developed through the Pathfinder pilot scheme, this approach aims to place children’s welfare at the front and centre of proceedings from the very outset.
But what does this mean in practice for parents navigating separation and disputes about their children?
Why Is Change Needed?
For many families, the traditional court process has been criticised for being slow, adversarial and, at times, ill-suited to resolving sensitive disputes about children.
Delays in proceedings can prolong uncertainty, while the adversarial nature of litigation can increase conflict between parents. There has also been growing recognition that children’s voices are not always heard clearly or early enough in the process.
The move towards a more child-focused system reflects a broader shift in family law:
prioritising the needs, safety and wellbeing of children above procedural formality.
What Is the Child-Focused (Pathfinder) Approach?
The Pathfinder model represents a different way of managing private children law cases.
Rather than parents immediately setting out their respective positions in detail and progressing through a series of contested hearings, the court takes a more front-loaded, investigative approach.
Key features include:-
- Early information gathering
The court seeks to obtain relevant information at the outset, including from safeguarding agencies, to build a clearer picture of the child’s circumstances.
- Greater involvement of CAFCASS
CAFCASS plays a more active role early on, engaging directly with families and helping to identify key welfare issues.
- Focus on safety and risk
Any safeguarding concerns, including allegations of domestic abuse, are prioritised and addressed at an early stage.
- Reducing adversarial conflict
The process is designed to move away from entrenched positions and encourage resolution in a more constructive, less confrontational way.
- Amplifying the child’s voice
Greater emphasis is placed on understanding the child’s wishes and feelings where appropriate.
How Will This Affect Parents?
For parents, the shift to a child-focused model may feel quite different from the traditional court process.
There is likely to be:-
- Less emphasis on lengthy written statements at the outset
- More direct engagement with professionals early in the case
- A greater expectation of cooperation and openness
While this approach may feel unfamiliar, it is intended to reduce conflict and reach outcomes more quickly, ultimately benefiting both children and parents.
Will Cases Be Resolved More Quickly?
One of the key aims of the Pathfinder approach is to streamline proceedings and avoid unnecessary delay.
By identifying the key issues at an early stage, the court is better placed to determine:-
- whether a case can be resolved without a contested hearing
- what evidence is actually required
- how best to achieve a child-focused outcome
While it remains to be seen how consistently this can be achieved as the model is rolled out nationally, early indications from pilot areas have been encouraging.
What Should Parents Do If They Are Involved in Proceedings?
If you are involved in, or anticipating, a dispute concerning your child, it is important to:-
- seek legal advice at an early stage
- focus on the practical needs and welfare of your child
- be prepared to engage constructively with the process
Understanding the shift towards a more child-focused system can help parents approach proceedings with the right mindset and expectations.Final Thoughts
The move towards a child-focused, Pathfinder-style approach represents a significant cultural shift within the family justice system. By prioritising early intervention, safeguarding and the voice of the child, the courts are seeking to create a process that is better suited to the realities of modern family life.
At Nockolds, our Family Law team closely monitors developments within the court system and regularly advises clients on how these changes may affect their case. We understand that navigating proceedings can feel daunting, particularly when processes evolve.
If you are facing a dispute concerning your child and would like clear, practical advice on your options, our team would be happy to assist.