Transforming Family Justice: The Child Focused Courts Model

Navigating the family court system in a dispute involving children can be one of the most emotionally challenging experiences for separated parents – and for children themselves. Disputes about where a child should live, how much time they spend with each parent, or issues such as schooling (known as private law children proceedings) have long been criticised for being slow, adversarial and overwhelming. For families affected by domestic abuse, the court process can also feel retraumatising.

In response to those concerns, the family justice system in England and Wales is undergoing its most significant reform in decades. What was originally known as the Pathfinder pilot is now being rolled out nationally as the Child Focused Model (also referred to as Child Focused Courts).

Sir Andrew McFarlane, President of the Family Division, has described the move as “the biggest change in 30 years”, explaining that it “turns the old approach on its head” by shifting the focus away from parental conflict and onto the lived experience and welfare of the child.

From Pathfinder pilot to national rollout

The Child Focused Model was piloted from 2022 in a number of areas, including Dorset, parts of Wales, Birmingham and West Yorkshire. Following positive outcomes from those pilot courts, the government has now committed to a nationwide rollout across all family court centres over a three year period, expanding from the initial pilot areas to all 43 court areas in England and Wales.
Early data from the pilot areas suggests:

• Cases are being resolved months faster than under the traditional model;
• court backlogs have reduced; and
• more families report feeling that their case was handled fairly, with children feeling listened to at an earlier stage.

Justice Minister Baroness Levitt KC has said the new approach can help “spare more children the pain of drawn out proceedings, deliver swifter justice for families and ensure support is provided earlier, where it is needed most”.

What is different about the Child Focused Model?

At its core, the Child Focused Model is designed to be less adversarial, more investigative and genuinely child centred. Instead of parents arriving at court with competing narratives, the court is provided at the outset with professional information about the child and their family.

Key aims of the model include:

• Ensuring the child’s voice is heard early, rather than late in proceedings;
• reducing trauma, particularly for victims of domestic abuse, by avoiding unnecessary hearings and linking families with specialist support at an early stage;
• better coordination between services, including the family courts, Cafcass, domestic abuse services and (where relevant) the criminal justice system;
• streamlining cases, so that simpler cases can be resolved swiftly and more complex cases are identified and managed appropriately.

The shift has particular significance given that many parents now attend family court without legal representation. Research shows that in around 80% of private law cases, at least one parent is a litigant in person, which has historically contributed to delays, stress and protracted proceedings.

What happens under the Child Focused Model?

Initial safeguarding and gatekeeping

As with all private law children applications, parents are usually required to attend a Mediation Information and Assessment Meeting (MIAM) before issuing court proceedings, unless an exemption applies.

Shortly after the application is issued, the court conducts an initial gatekeeping review. The parties do not attend this stage. The court considers safeguarding information and ensures that a MIAM has been attended (or properly exempted).

If there are urgent concerns, such as immediate safeguarding risks, the court can make urgent directions or list a priority hearing. Where there are no urgent issues, the case is typically referred to Cafcass under the Child Focused Model.

The Child Impact Report

A central feature of the new approach is the Child Impact Report, prepared by a Cafcass social worker.

Crucially, the child is seen early in the process wherever appropriate – before the first attended court hearing. This marks a significant change from the traditional system, where children’s wishes and feelings might not be explored until many months (or even years) into proceedings.

As part of preparing the report, Cafcass will:

• Carry out police and local authority checks;
• speak with both parents; and
• where domestic abuse is raised, work alongside specialist domestic abuse services, who may complete a risk assessment and offer ongoing support.

The report focuses on how the current dispute is affecting the child, rather than determining who is “right” or “wrong”.

The Child Impact Report typically includes:

• Background information about the family;
• the child’s wishes and feelings (expressed in an age appropriate way);
• information from professionals or others best placed to help the court understand the child’s needs;
• an analysis of the impact of the parental dispute on the child;
• possible interventions or support; and
• clear recommendations for next steps.

Allocation and next steps

Once the Child Impact Report is received, the court undertakes a further allocation review (again without the parties attending).

Cases are generally directed to one of two pathways:

• Adjudication track – usually suitable for more straightforward cases. A decision hearing may be listed, often with the aim of achieving a final outcome at the first attended hearing.
• Case management track – used for more complex cases, including those involving allegations of domestic abuse or where further investigation is required.

Where necessary, the court may list case management hearings, fact-finding hearings, or direct further expert or agency involvement before making final decisions.

Sir Andrew McFarlane has described the model as a problem solving approach, with judges asking: what impact is this dispute having on the child, and what needs to change to make things better for them going forward?

A system underpinned by support and resources

The model places increased responsibility on Cafcass, which has estimated the need to recruit around 200 additional social workers to support national rollout. The government has committed £17 million in the first year, with further funding promised as the model expands.

Domestic abuse organisations, including the Domestic Abuse Commissioner, have welcomed the changes as a meaningful step towards a system that better understands abuse dynamics and prioritises safety.

Professional bodies, while supportive, have emphasised that for the model to achieve truly transformative change, it must be accompanied by adequate long term funding, investment in Cafcass and the courts, and wider reform of the under resourced legal aid system.

How we can help

As a national family law team, we have experience of advising parents involved in cases operating under the Child Focused Model, including in Birmingham and other pilot areas. We understand how different this process can feel from traditional family court proceedings, and how important it is for parents to be guided clearly and sensitively through it.

If you would like advice or support in relation to a children case, or to understand how the Child Focused Courts approach may affect you, please contact one of our family and children law specialists.

This blog was originally published on 31 May 2024 and updated on 30 March 2026 to reflect the national rollout of the Child Focused Courts model.

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