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Part of: Pathfinder Courts: The New Domestic Abuse Approach Transforming Family Justice

Child Focused Courts are changing the way private children cases are managed in England and Wales. Formerly known as the Private Law Pathfinder, the model is intended to help the Family Court understand a child’s circumstances, welfare needs and safety earlier in the process.

For parents, the central message is straightforward: the court is seeking to move the focus away from adult disagreement and towards the child’s day-to-day experience. That includes how arrangements affect a child’s routine, relationships, education, emotional wellbeing and sense of safety.

The Child Focused Model does not create a separate court system, nor does it change the law the court applies. In private children cases, the child’s welfare remains the court’s paramount consideration. The purpose of the new approach is to obtain the right information earlier, reduce avoidable delay and help the court identify what needs to be decided.

Key Takeaways

Child Focused Courts are the new name for the approach previously known as the Private Law Pathfinder. They are being introduced across England and Wales in stages for private children cases.

The model does not change the legal test in children cases. The court must still make decisions based on the child’s welfare. Its purpose is to help the court understand the child’s circumstances, wishes and feelings, welfare needs and safety concerns earlier in proceedings.

A Child Impact Report may be used to give the court a clearer picture of the child’s daily life and the issues affecting them. Depending on the case, Cafcass or the local authority may be involved in providing relevant welfare information.

The model aims to reduce avoidable delay and unnecessary hearings, but it does not guarantee that every case will be resolved quickly or at one hearing. Cases involving serious safeguarding concerns, domestic abuse, disputed allegations or complex evidence may still require further court directions and a final hearing.

Child Focused Courts are being rolled out nationally in stages. Whether the process applies to an individual case will depend on the court area handling the proceedings and the date the application was issued.

Which Cases Can Be Affected By The Child Focused Courts?

Child Focused Courts deal with private law children proceedings. These are disputes between parents, people with parental responsibility or, in some cases, other family members.

A case may involve disagreement about where a child should live, the time they should spend with a parent, a change of school, a holiday abroad, a medical decision or another important issue concerning their upbringing. It may involve an application for a child arrangements order, prohibited steps order or specific issue order.

The model does not apply to criminal prosecutions. It is also different from public law care proceedings, where a local authority asks the court to make orders because it believes a child may be at risk of significant harm.

If you are considering an application, our guide to the C100 form explains the form generally used to begin many private children proceedings.

Why Has The Court Process Changed?

Private children cases can become difficult when the relevant information is not available until late in proceedings. Parents may attend several hearings before the court has a sufficiently clear picture of the child’s daily life, the issues affecting them or any safeguarding concerns.

The Child Focused Model was developed to address that problem. It aims to bring welfare and safeguarding information forward, so that the court can understand the child’s circumstances before making significant decisions about the future arrangements.

The Government announced national expansion of the model on 17 March 2026, following a pilot in North Wales and Dorset. Its rollout is staged, so the exact process that applies will depend on the Family Court area handling the case and when proceedings began. 

The model is not about reaching a decision quickly at any cost. Some cases need careful investigation, particularly where there are disputed allegations, concerns about domestic abuse, questions about a child’s safety, or complex evidence. The aim is to avoid unnecessary delay while ensuring that decisions are based on a clear and reliable understanding of the child’s welfare.

How May The Process Differ?

Every family case is different, and the judge decides what steps are necessary. However, the Child Focused Model places greater importance on early safeguarding enquiries and on understanding the child’s lived experience before the court makes substantive decisions.

The court may need information from Cafcass, the local authority, the police or other relevant agencies. A Family Court Adviser or social worker may speak with each parent or carer. Where it is appropriate and safe, they may also speak privately with the child.

This is not a process in which a child is asked to choose between parents. The purpose is to understand how the child sees their family life, what matters to them, what is working well, and whether there are concerns the court must address.

The court will then decide whether it has sufficient information to make a decision, or whether further assessment, evidence or a later hearing is required. Some cases may be resolved at a focused hearing. Others will need more detailed directions and may proceed to a fact-finding hearing or final hearing.

The Child Impact Report

The Child Impact Report is an important part of the Child Focused Model. It is intended to give the court a fuller account of the child’s experience, rather than allowing the early stages of a case to focus solely on what each adult says they want.

Depending on the circumstances, the report may be prepared by Cafcass or the local authority. It may consider the child’s routines, education, health needs, relationships, wishes and feelings, emotional wellbeing and any concerns about risk or safety.

It can also help the court understand the effect of parental conflict. Even where a child has not witnessed an incident directly, ongoing hostility, intimidation, unreliable arrangements or pressure to take sides can have a significant effect on their wellbeing.

A report does not decide the case. The judge must consider all the relevant evidence and make a decision based on the individual child’s welfare. However, a well-focused assessment can help the court identify the real issues and avoid time being spent on matters that do not materially affect the child.

For a fuller explanation of Cafcass’s role in private children proceedings, see our guide: What is the role of Cafcass?.

Child Focused Courts: Listening To Children Appropriately

Children are not normally expected to attend court simply because their parents are in proceedings. Where it is appropriate for their views to be obtained, this will usually happen privately with a trained Family Court Adviser or social worker.

A child’s wishes and feelings can be important. Their views are considered in light of their age and understanding, alongside all other welfare factors. The court does not place responsibility for the outcome on the child, and it should not treat the process as a choice between one parent and the other.

For parents, a child-focused approach means concentrating on practical evidence. It is generally more helpful to explain how an arrangement affects school attendance, sleep, health appointments, friendships, activities, handovers and emotional security than to focus on broad criticism of the other parent.

Domestic Abuse And Safeguarding Concerns

The Child Focused Model gives particular attention to domestic abuse and safeguarding. A child can be affected by abuse even where the behaviour is directed mainly at the other parent.

Domestic abuse may include physical violence, threats, intimidation, harassment, sexual abuse, financial abuse, controlling or coercive behaviour, or conduct that creates fear and restricts a person’s independence. The court will need to consider any allegation carefully, the available evidence, and the impact that behaviour may have had on the child.

If you have experienced domestic abuse or have a concern about your child’s safety, it is important to raise this at the earliest appropriate stage. The court may need to consider protective arrangements, the way parents communicate, the safety of handovers, whether contact is appropriate, and whether further evidence is needed before arrangements can be finalised.

There is no automatic outcome when domestic abuse is alleged. Depending on the evidence and the child’s welfare, the court may need to consider direct contact, indirect contact, supported arrangements, supervision, protective measures or whether contact should not take place. The decisive question is what arrangement is safe and consistent with the child’s welfare in the particular circumstances.

What Parents Can Do

The most useful preparation is clear, accurate and child-centred. Keep information relevant to the child’s life, rather than trying to gather every disagreement that has occurred between adults.

Think carefully about the child’s current routine: where they live, school arrangements, health needs, activities, important relationships, travel, handovers and communication between parents. If an arrangement is not working, explain why in terms of its practical impact on the child.

A realistic proposal is usually more helpful than an idealised one. The court may need to understand how arrangements will work during school weeks, holidays, special occasions, illness, changes to work patterns and unexpected difficulties.

You should also follow the court’s directions about evidence and documents. Do not send information directly to Cafcass, the court or the other parent unless the formal process or a court direction requires it.

Do Child Focused Courts Apply Everywhere?

Not yet. The national rollout is taking place in stages. The model is already operating in a number of areas, including all of Wales, West Yorkshire, Birmingham and the West Midlands, Dorset, Hampshire and the Isle of Wight.

Further areas are scheduled to move to the model during 2026–27, with the remaining court areas expected to follow in stages by March 2029. Whether the model applies to a particular case depends on the court area responsible for it and the date proceedings were issued.

Even where the full model is not yet in operation, the wider direction of travel within the family justice system is clear: earlier identification of welfare and safeguarding issues, meaningful attention to children’s views, and a stronger focus on resolving the matters that genuinely affect a child’s life.

Many parents deal with private children proceedings without formal legal assistance. However, early guidance can be particularly valuable where there are concerns about domestic abuse, safeguarding, allegations that are disputed, substance misuse, mental health, international travel, relocation or a child refusing contact.

It can help a parent understand the court process, prepare focused evidence, identify the matters that are genuinely relevant to welfare, and develop practical proposals that place the child’s needs first.

Contact Kabir Family Law For Your Consultation On Child Focused Courts

Contact Kabir Family Law today on 0330 094 5880 to arrange your free consultation or book a time that suits you. Our family law specialists are at hand to guide you through the complete process from informal discussions, mediation and right through to court proceedings. Our family lawyers work around the clock and will be able to provide you with the advice and you need at a time to suit your needs.

Expert commentary: “The value of the Child Focused Model is not simply that it may reduce unnecessary hearings. It is intended to help the court understand the child’s everyday experience, welfare needs and any safety concerns earlier in the process. Parents are usually best placed when they provide clear, reliable information and keep their attention on what will support their child’s stability and wellbeing.”

Garry Steedman, Family Law Consultant, Kabir Family Law

Author:

Garry Steedman is a family law consultant at Kabir Family Law, specialising in complex divorce, children and property disputes, including TOLATA claims for unmarried couples and cohabitees. He advises on high‑conflict separations, contested children matters and financial settlements, combining clear, straightforward guidance with practical strategies that help clients move forward with confidence. Garry also supports the wider technical trusts of land issues, reviewing complex case files and helping to advise on robust evidence for court and negotiations.

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