A new approach to family court cases involving children is being rolled out across England and Wales, with senior judges describing it as the biggest change in a generation.
Under the new “Pathfinder Court” model, a detailed report prepared by the Children and Family Court Advisory and Support Service (Cafcass) will be provided to a judge very early on in a case.
Adeeba Naseem, Head of Family and Relationships at Mackrell LLP, says this is a clear break from the current process.
“What parents will notice straight away is that the court has a much fuller picture of their case at the beginning,” she explains.
“At the moment, only basic safeguarding checks are carried out early on. If more information is needed, hearings are often delayed.
“However, this new report from Cafcass looks at each parent’s position, any risks, the child’s wishes and feelings, in addition to input from agencies such as social services and the police. It also sets out recommendations on arrangements that best support the child.
“This earlier intervention is designed to address one of the main drivers of delay in family proceedings.
“By introducing that analysis at the beginning, the model aims to reduce repeat hearings and avoid cases losing momentum, as courts do not have to wait for evidence to be gathered and reported on.
“Equally, it allows for those cases where there is domestic abuse or other risk or evidence of harm to be identified and addressed sooner.”
Pilot schemes launched in Wales, Dorset and eight other court areas have already shown that cases can be resolved more quickly under this model.
However, as Adeeba explains, the delays in the family courts are not caused by one factor alone.
“Court capacity, pressure on Cafcass and entrenched conflict between parents all play their part in delaying family cases,” she says.
“This reform improves how cases are prepared and focused, but it does not remove those wider pressures that can make complex family litigation progress slowly.”
There are also concerns about whether the system can keep up with demand.
The success of the new process depends heavily on having enough trained professionals to carry out early assessments.
Cafcass has estimated it will need to recruit an additional 200 social workers to manage the new approach.
“If there are not enough officers to prepare these reports, the delays the system is trying to avoid could return and we’ll be back at square one,” Adeeba says.
The welfare of children continues to guide decisions in family court.
“Children’s wishes are already part of the current process, but they are usually explored later on,” Adeeba says.
“The Pathfinder Court should bring their voice forward so they are represented earlier in proceedings and their feelings can be expressed and explored thoroughly.
“However, the judge still has the difficult responsibility of balancing the exercise of wishes vs welfare, as the two do not always align.”
Adeeba believes courts must remain alert to the possibility that a parent or another relative may influence a child’s views.
“Professionals have to be alive to the risk that a child’s wishes are not entirely their own,” she explains.
“A child involved in a custody battle may feel a strong sense of loyalty to one parent, or, in some instances, may even be influenced, consciously or unconsciously, to align with a particular narrative.
“At the same time, it’s important to make sure that the children do not feel they are responsible for the outcome of the case, as this is a heavy burden to take at a young age.”
Questions have also been raised about whether the more problem-solving approach of the Pathfinder Court could overlook serious safeguarding concerns.
“There is a risk of overlooking safeguarding concerns if there is pressure to compromise on matters too quickly and early assessments miss issues like coercive control or domestic abuse,” she says.
“However, as long as it is applied properly, the Pathfinder approach should help identify those risks sooner.”
Adeeba explains that lawyers will continue to play a key role in family litigation, though the emphasis of their work may shift.
“Family solicitors will need to identify allegations and gather evidence much earlier, making sure that information is clearly set out in the initial applications and position statements,” she says.
“They will also need to engage with Cafcass reports at an earlier stage and highlight any information gaps.”
As the rollout continues nationwide, consistency and funding will be key.
“Cafcass needs the resources to deliver early reporting and courts need to apply the new approach consistently, or it will not work,” Adeeba says.
“Investment across the system, including legal aid for vulnerable families, needs to be a priority if outcomes for children are to improve.”
Mackrell LLP provides legal services to families across international borders, offering specialist support in complex matters such as child custody, relocation and cross‑jurisdictional disputes.
To learn more about its services or to speak with a member of the family law team, please contact us.
