Transforming Family Justice: The Pathfinder Family Court Pilot

Navigating the family court system in a dispute involving children can be one of the most emotionally challenging experiences for separated parents and their children. Court proceedings to deal with issues such as who a child lives with, how much time one child spends with a parent and issues such as schooling (known as private law proceedings) have been criticised for being slow, adversarial, and often retraumatising for families, particularly those who have experienced domestic abuse.

In an effort to reform some of the difficulties with our current court system the Pathfinder model is a more investigative, child-centered process. The pilot is currently operating in Dorset, Wales, Birmingham and West Yorkshire with plans to ultimately roll out nationally (although there is no date for a national roll out yet).

Key features of the Pathfinder model are:

• to ensure that the voice of the child is heard in each case at the earliest possible stage;
• to reduce trauma to victims of domestic abuse as far as possible for example working closely with domestic abuse support agencies and ensuring victims are referred to appropriate sources of support; and
• to better coordinate and streamline proceedings (particularly where both criminal and family law proceedings are ongoing) and improve information sharing across the justice system;
• appropriate allocation and streamlining of cases.

To date the pilot has shown a reduction in average case duration meaning decisions are reached quicker for families, a reduced backlog of cases in the courts and positive reports of experiences from families as to how their case has been dealt with. 

What happens under the Pathfinder model?

Initial safeguarding gatekeeping and case management review

Families will need to attend a Mediation Information and Assessment Meeting (MIAM) before making an application to the court (unless an appropriate exemption applies).

Within a day or two of issuing the application the application should be reviewed at a gatekeeping hearing (which neither party attends). If a MIAM has not been attended or an appropriate exemption does not apply then the applicant will be notified that they need to attend a MIAM.

If there are urgent issues which need to be addressed the court may make directions and will often list an urgent hearing. If there are no urgent issues the case will be allocated to CAFCASS to prepare the Child Impact Report. 

Child Impact Report

CAFCASS will prepare a Child Impact Report. As well as running checks with the police and local authority CAFCASS, will speak to both parties. If there are issues of domestic abuse then a domestic abuse agency will carry out a risk assessment (and may then provide support to the victim going forward).

There is a presumption that children will have the opportunity to speak to the CAFCASS officer so that their voice can be heard at an early stage. The report will highlight the specific issues that need to be addressed, CAFCASS’ recommendations as to next steps/arrangements and whether any external agencies need to be involved.  

The Child Impact Report will include:

• Information about the family
• A photograph of the child/children
• What the child’s wishes and feelings are
• Information from people in the best place to help the court understand the needs of the child and their family
• Details of possible interventions
• A child impact analysis
• Recommendations as to what happens next and the child’s views on those recommendations

Second gatekeeping and allocation

Once the court has received the Child Impact Report a second gatekeeping hearing will take place (again without the parties attending court). The court will allocate the matter either to the adjudication track or case management track and set out what the next steps are required – for example if further information needs to be obtained before a hearing takes place.

Track allocation and decision making

If a case is allocated to the adjudication track then a decision hearing is likely to be listed at which the court will, if appropriate, make a final order. This will be the first hearing that the parties attend.

The case management track will be used for more complex cases, often those where there are allegations of domestic abuse. There may need to be a case management hearing to deal with further steps to a fact-finding hearing (at which the court will decide whether or not it considers the allegations are true).

Further hearings are likely to then be required to deal with further evidence gathering after a finding of fact hearing so that a final hearing can take place. 

As a national family law team we have experience dealing with pathfinder cases across the country and in our Birmingham office where the pilot is currently operating. For more information contact one of our national family children specialists.  

This blog was originally posted on 31 May 2024 and it has been updated on 6 October 2025.