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Child-focused courts: What does putting children first really mean?

hagansteven
Sep 23
6 min read

A closer look at the changes to family courts in England and Wales, and what they could mean for children and parents.


When parents separate, the decisions that follow can have a lasting impact on their children.


Where parents cannot agree on arrangements, they may find themselves turning to the family court. For some families, this can mean a lengthy and emotionally demanding process at a time when everyone is already adjusting to significant change.


The family justice system is now undergoing an important development: the introduction of Child-Focused Courts, formerly known as the Private Law Pathfinder model.


The aim is to place children's experiences, safety and welfare more firmly at the centre of family court proceedings, while helping families resolve disputes more effectively.


But what does this change actually involve? And what might it mean for parents who are trying to work out arrangements for their children?


Family walking together in a leafy park, representing children's wellbeing and family relationships.
Keeping children's experiences at the centre of family decisions.

What are Child-Focused Courts?


Child-Focused Courts are a new approach to private family law proceedings concerning children.


The model was first piloted in Dorset and North Wales in 2022, with the approach subsequently extended to other court areas. In March 2026, the Government announced that it would be rolled out nationally across England and Wales over the following three years.


The intention is to move towards a more investigative and problem-solving approach, with earlier information gathering and a greater focus on understanding the child's experience.


Rather than simply focusing on the disagreement between two parents, the process aims to build a fuller picture of the family's circumstances, identify risks at an earlier stage and help the court make informed decisions about the child's welfare.


The model also encourages closer working between the family court, Cafcass or Cafcass Cymru, local authorities and specialist domestic abuse services.


This is a significant change in how relevant private law children cases are managed.


Why is a different approach being introduced?


For many parents, the family court can feel like a place where they have to explain why their own position should be accepted and why the other parent's position should not.


That is understandable. When relationships break down, emotions can run high, communication can become difficult and parents may have very different views about what should happen next.


However, a dispute about arrangements is not just a disagreement between adults. It is also part of a child's life.


Children may experience uncertainty, changes to their routines, tension between parents or the feeling that they are caught in the middle.


The Child-Focused Court Model seeks to respond to these challenges by gathering information earlier and considering the wider context of the dispute.


The Government has reported that cases in the pilot areas have been resolved up to seven and a half months faster, alongside reductions in backlogs and fewer cases returning to court.


These are encouraging reported findings, although the experience of each family will still depend on its individual circumstances.


What changes for parents and children?


One of the central features of the model is the earlier gathering of information about the child's circumstances and the impact of the dispute.


A Child Impact Report


A key part of the process is the Child Impact Report, prepared by Cafcass, Cafcass Cymru or the relevant local authority.


The report helps the court understand how the dispute is affecting the child, alongside relevant information about the family's circumstances and any concerns that need to be considered.


It can help bring the child's experience into the proceedings at an earlier stage and provide a basis for considering what support or decisions may be needed.


Parents are also given an opportunity to share their views and engage with the process.


Hearing the child's voice


Putting children at the centre of proceedings means more than simply asking them what they want.


Children's experiences, feelings and wishes can be important in understanding what is happening within their family. But children should not be made to feel responsible for deciding between their parents or resolving adult disagreements.


The aim is to understand their experience in an age-appropriate and sensitive way, while keeping responsibility for decisions with the adults and the court.


Earlier identification of risk


The model also places emphasis on identifying safeguarding concerns and domestic abuse at an earlier stage.


This matters because not every family dispute is simply a communication problem or a disagreement that can be resolved through compromise.


Where there are concerns about abuse, coercion, control or a child's safety, those issues need to be properly understood and addressed.


The model includes closer links with specialist domestic abuse support, including Independent Domestic Violence Advisers.


A child-focused approach must recognise that safety is fundamental to a child's welfare.


Does this mean fewer court hearings?


One of the stated aims of the new model is to reduce unnecessary delay and the need for repeated hearings.


The approach seeks to gather relevant information earlier, encourage professionals to work together and support the court in making informed decisions.


The Government has reported reductions in the number of cases returning to court in pilot areas, as well as improvements in the time taken to resolve cases.


However, fewer hearings should not be treated as the only measure of success.


Some cases are complex. Some involve serious safeguarding concerns. Others require careful consideration of evidence or further support before decisions can safely be made.


The important question is not simply how quickly a case concludes, but whether the process has properly understood the child's needs and enabled safe, workable arrangements to be considered.


What does this mean for parents who are separating?


For parents, the introduction of Child-Focused Courts is a reminder that decisions about children need to be considered in the context of their everyday lives.


It can be difficult to separate the feelings associated with the end of a relationship from the practical decisions that need to be made about parenting.


Parents may disagree about where a child should live, how much time they spend with each parent, school arrangements, holidays or how important decisions should be made.


Those disagreements can feel very personal.


But a useful question to return to is:


What is happening for our child, and what do they need from us now?

That does not mean parents must agree about everything. Nor does it mean that one parent should simply give way to the other.


It means trying, where it is safe and appropriate, to understand the child's experience and make decisions that take their needs seriously.


For some families, that may be possible through direct discussion. Others may need support from solicitors, mediators or other professionals. Where court proceedings are necessary, the court has an important role in making decisions about the child's welfare.


Where does family mediation fit in?


At New Moon Mediation, we work with families who are trying to find a way forward through difficult conversations and important decisions.


Mediation provides an opportunity for parents to discuss arrangements and explore possible solutions with the support of an impartial mediator.


It is different from court proceedings. A mediator does not decide what arrangements should be made, and mediation is voluntary. The parents remain responsible for deciding whether they can reach an agreement.


Where mediation is suitable, it can provide a space to consider practical questions such as:


  • What arrangements would support the child's routines and relationships?

  • How can parents communicate about important decisions?

  • How should school holidays, birthdays and special occasions be managed?

  • What might need to change as children grow older?

  • How can parents reduce the impact of ongoing disagreement on their children?


Mediation is not appropriate for every family. Safety, domestic abuse, safeguarding concerns and the ability of each person to participate freely and meaningfully must be considered.


Where mediation is unsuitable, or where an agreement cannot be reached, other options may need to be explored.


The introduction of Child-Focused Courts does not remove the need for families to consider which route is appropriate for their circumstances.


Putting children first is more than a court process


The development of Child-Focused Courts is an important opportunity to reflect on how the family justice system responds to children and parents experiencing separation and conflict.


The model places greater emphasis on understanding children's experiences, identifying risks earlier and encouraging a more collaborative approach between professionals.


But the process itself is only one part of the picture.


Children also experience what happens before a court application, between hearings and after proceedings have concluded.


They experience the conversations at home, the changes to their routines, the way parents communicate and whether they feel caught between the people they love.


A court can make decisions about arrangements. Parents, wherever possible, have an ongoing role in how those arrangements work in practice.


That is why a child-focused approach matters beyond the courtroom.


It invites us to look beyond the immediate disagreement and consider the wider impact on the child.


A final thought


There is no single approach that will resolve every family dispute, and no process can remove all the difficulties that separation can bring.


The development of Child-Focused Courts is intended to help the family justice system understand children's experiences more fully and respond to their needs more effectively.


For parents, the underlying question remains a practical and personal one:


How can we make decisions about our children that recognise what they are experiencing, protect their welfare and give them the space to be children?

Sometimes that means finding a way to work together. Sometimes it means seeking professional support. And sometimes it means asking the court to make decisions when agreement is not possible or safe.


Whatever the route, keeping children's experiences in view is an important place to start.









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