The family court system has consistently faced criticism for the delays experienced by families involved in private children proceedings. For separated parents unable to agree arrangements for their children, court proceedings can be drawn out, expensive and emotionally draining. It is often children who are most affected by this. A long court process can mean a greater risk of exposure to parental conflict, and a prolonged period of uncertainty. This can be destabilising for children.
In response to these concerns, the Government introduced the Child Focused Court Model, formerly known as the Pathfinder Model. Following successful pilot schemes, the Government announced in March 2026 that the model would be rolled out nationally across England and Wales. The aim of this model is to resolve cases more quickly while ensuring that the children’s best interests remain at the heart of decision-making.
Why was the Child Focused Court Model introduced?
Traditionally, private children proceedings follow a relatively standard process. After an application is issued, Cafcass carry out initial safeguarding checks before the first hearing. The court then identify the issues in dispute and decide what additional evidence is required.
This often results in several hearings spread over many months, with important issues such as domestic abuse allegations or safeguarding concerns only emerging well into proceedings. If Cafcass is instructed to prepare a welfare assessment, also known as a Section 7 report, this can take up to 30 weeks to be completed. As a consequence, families frequently face significant delays before the court has all the information needed to make informed decisions.
The Child Focused Court Model seeks to address these problems by gathering key information at a much earlier stage. The objective is to identify safeguarding concerns quickly, reduce unnecessary hearings and provide the court with a clearer picture of the family’s circumstances before substantive decisions are made.
How does the Child Focused Court Model work?
Following issue of the application, the court works with Cafcass, local authorities and other agencies to identify any welfare concerns or safeguarding issues. A judge then considers the case on paper and directs the preparation of a Child Impact Report (CIP). If any emergency orders are required, the judge will also make these on paper if necessary.
The Child Impact Report is a central feature of the new model. Cafcass officers speak with both parents, the child and any relevant professionals. The report identifies the issues in dispute, considers the impact on the child and makes recommendations for future arrangements. Once the report has been received by the court, a judge or legal advisor will decide whether an interim order can be made or if the case should be listed for a Decision Hearing.
At the Decision Hearing, the magistrates or judge will investigate the issues that are not agreed. The judge will hear submissions from both parties and make a final order if possible. If a decision cannot be reached in that timeframe, a Final Hearing will be listed where Cafcass and both parents may be required to give evidence. If parties disagree with the Child Impact Report, this would be the opportunity to challenge Cafcass.
Advantages of the Child Focused Court Model
The most obvious advantage is speed. The average timeframe of the previous model was around 40 weeks. This has been reduced to as short as 12 weeks with the new model under trial. Pilot schemes demonstrated that cases could be resolved significantly more quickly than under the traditional process, enabling families to reach outcomes months earlier than might previously have been possible.
Another key benefit is the early identification of safeguarding concerns. By obtaining information from relevant agencies at the outset, courts are better equipped to identify risks and make informed decisions from the beginning of proceedings. This is especially important in cases involving allegations of domestic abuse, where children’s experiences and safety must be properly considered.
The model also encourages a more child-centred approach. Rather than becoming focused solely on parental disputes, the process seeks to understand how conflict is affecting the child and what arrangements will best promote their welfare.
Are there any concerns?
A common concern is that the drive for efficiency may result in some issues not being explored as fully as they would have been under the traditional process. Every case is different and some cases involve complex allegations or circumstances that require more detailed investigation over a longer period and can’t be resolved with this faster process.
Concerns have also been raised about whether domestic abuse will always be identified and addressed appropriately. However, a key element of the model is the early assessment of abuse allegations. Where concerns are raised, specialist domestic abuse services can become involved at an early stage to assist in assessing risk and informing the recommendations made to the court.
Many of these concerns can be mitigated through proactive legal representation. It is important that parents provide full and accurate information at the earliest opportunity and ensure that any safeguarding concerns, allegations of abuse or welfare issues are clearly identified from the outset. This enables the court to determine whether further assessments or investigations are required.
Looking ahead
The new model is already operating in a number of areas, including Wales, the West Midlands, Dorset, West Yorkshire, Hampshire and the Isle of Wight, with further expansion planned across England and Wales in the not too distant future.
Rayden Solicitors are family law experts with extensive experience in children matters, including child arrangements, relocation cases, allegations of domestic abuse and complex welfare concerns. Our team can advise and represent clients through all stages of family proceedings and help ensure that their child’s welfare remains at the forefront of any decision-making.
If you would like further information regarding private children proceedings or any other family law issue, please do not hesitate to get in touch.