Associate Elizabeth Owen, in our Family Law team, discusses the introduction of the new Child Focused Court model.
The Family Court is undergoing one of the most significant changes in decades. The new Child Focused Court (CFC) model, formerly known as the Pathfinder Court, is being rolled out across England and Wales and is expected to become the standard approach for private children law disputes over the coming years. Currently, the CFC model is live in 10 out of the 42 court areas in England and Wales. In other words, approximately 25% of private law applications that have been issued this year. The latest information is that the rollout across England and Wales will complete at the end of 2027 or 2028.
Early data suggests that cases are being resolved much more quickly, with court backlogs reducing in areas where the model has been introduced. For separating parents considering an application regarding child arrangements, it is important to understand that the process may look very different from what many people traditionally expect from family court proceedings.
How does the Child Focused Court approach work?
A key feature of the Child Focused Court is that it is far more investigative and child-centred from the outset. Under the previous system, cases often began with limited safeguarding checks followed by a series of hearings and, in many cases, detailed witness statements. Under the CFC model, much of the information gathering takes place before the parties ever attend court. Cafcass will usually be directed by the court to prepare a Child Impact Report, gathering information from parents, agencies and, where appropriate, the child themselves. In some cases, parents may not attend a conventional courtroom hearing at all before significant decisions are made about the future conduct of the case.
Perhaps the most significant cultural shift is the emphasis on the child's voice. In most cases, children will be spoken to directly by the professional preparing the Child Impact Report, often more than once. Their wishes, feelings and experiences are recorded in far greater detail than was traditionally the case. The court's focus is on understanding how the dispute affects the child and what arrangements are likely to promote their welfare. Judges are encouraged to engage directly with the evidence about the child rather than concentrating solely on the competing positions of the parents. The process also places greater emphasis on how court decisions are communicated to children, ensuring that consideration is given to who will explain outcomes and how this will be done sensitively.
What does this mean for separating parents?
For parents, it is important to appreciate that the Child Focused Court offers fewer opportunities to present lengthy written evidence or oral arguments. The expectation is increasingly one of "one report, one hearing". Many cases conclude at a relatively short decision hearing, often lasting only an hour or so, and in many instances no oral evidence is given. This means that the information provided at the outset of the case is more important than ever. Parents need to ensure that any significant welfare concerns, allegations of domestic abuse, safeguarding issues or other important matters are clearly raised at the earliest possible stage. Those entering the process expecting a traditional trial with multiple hearings and extensive cross-examination may find the experience very different.
The new model undoubtedly offers advantages. Children are heard earlier, cases are resolved more quickly and families may spend less time engaged in stressful litigation. However, the speed and informality of the process can leave some parents feeling that they have had limited opportunity to present their case fully. For that reason, obtaining early specialist legal advice is crucial. A solicitor can help ensure that concerns are properly identified from the beginning, advise whether alternative forms of dispute resolution such as mediation or arbitration may be more suitable, and guide parents through a process that is evolving rapidly. While the Child Focused Court represents a fundamental shift in the way children cases are handled, the central principle remains unchanged: the court's paramount concern is the welfare and best interests of the child.
For further information or legal advice, please contact law@blandy.co.uk or call 0118 951 6800.
This article is intended for the use of clients and other interested parties. The information contained in it is believed to be correct at the date of publication, but it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional advice.
