Child Focused Courts: what is changing for children and families?

When parents cannot agree on arrangements for their children, court proceedings may take place to decide these arrangements. However, court proceedings can bring further uncertainty at an already difficult time.

The new “Child Focused Court” aims to make this process less adversarial and more responsive to children’s needs, placing their safety, welfare and experiences at the centre of the court’s decision-making from the outset.

What is the Child Focused Court model?

Formerly known as the Pathfinder approach, the Child Focused Court model takes a more investigative and problem-solving approach to private law children proceedings between parents. These include disputes about where a child should live and how much time they should spend with each parent but could include moving abroad, school choice and any other major issues about a child.

Why was the model introduced?

Children and families can face waiting many months, for final decisions about their arrangements within the traditional Court system because of demands on the service.

Rather than relying on information emerging over multiple hearings, the new court model brings information-gathering and engagement with families forward. This helps the court understand the child’s circumstances earlier and focus on arrangements that meet their safety and welfare needs sooner.

What are the key changes?

• A central feature is the new Child Impact Report, produced by Cafcass. The report helps the court understand the child’s experiences, wishes, feelings and welfare needs, alongside the impact the dispute is having on them. This report helps parents and the court focus on what the child needs and how any concerns should be addressed.

• Information about the child’s circumstances and safety is gathered sooner. Earlier assessment of cases helps the court to identify any risks, better understand allegations of domestic abuse and ensure that the children’s wishes and feelings are considered earlier. The intention is to support informed, safe and appropriate decisions for both children and parents.

• The model places the children’s lived experiences at the centre of proceedings from the outset. Appropriate engagement and communication with the child are considered throughout the case, helping the court understand how the dispute and any proposed arrangements affect the child.

• Courts work with Cafcass and other agencies, including local authorities and mediators, to develop a fuller understanding of the family’s needs. Engagement with parents takes place earlier, rather than later and is not spread across multiple hearings. The aim is to support early resolution where possible while keeping the child’s safety and welfare at the forefront.

Which cases does the model cover?

The model covers Child Arrangements Orders, Specific Issue Orders and Prohibited Steps Orders, as well as applications to vary, discharge or enforce those orders.

These cases can arise when parents cannot agree on arrangements themselves or resolve matters through alternative dispute resolution, such as mediation. The model also emphasises early identification of safety and welfare concerns, including where domestic abuse is alleged.

Where is the model being introduced?

The model was first piloted in February 2022 in North Wales and Dorset, with Bournemouth and Weymouth already using the approach. With expansion across the rest of England and Wales planned soon. The intention is for this approach to become the standard model for private law children proceedings so it becomes the norm.

What could this mean for families?

For families, the intended benefits are a clear focus on the child’s needs and a better understanding of domestic abuse and other welfare concerns. A less adversarial process aims to reduce the impact of wider parental conflict, while supporting safer, longer-lasting arrangements.

How can we help?

Navigating Private Children Court proceedings can be complicated. At Porter Dodson, our experienced children team can provide clear guidance to help you understand your options and make informed decisions. Get in touch to discuss your situation.