By Erin Tschiderer, Trainee Solicitor
On 17 March 2026, the Ministry of Justice (MOJ) announced the national rollout of Child Focused Courts (previously known as Pathfinder) across England and Wales. This follows a successful pilot program that resulted in a reduction of timelines by an average of seven and a half months for private law children disputes in the Family Courts.
Current Situation
Private law Children Act proceedings arise when parents cannot agree on key aspects of their children’s upbringing, such as living arrangements and contact with the other parent, where the child should go to school, or travelling abroad. If parents cannot agree between themselves, either parent may apply to the Family Court to resolve the dispute.
The current procedure involves a parent making an application to the court whereby an officer from the Children and Court Advisory and Support Service (CAFCASS) undertakes initial safeguarding enquiries, and the case is then allocated to the appropriate level of Judge. Typically, a First Hearing Dispute Resolution Appointment (FHDRA) is then listed and there is often a significant delay whilst CAFCASS prepares a Section 7 report to detail the child’s wishes and feelings and any safeguarding concerns (subject to the disputed issues). It is often the case that further evidence is also required to enable the court to decide upon the issues. Two to three further hearings may then be necessary before a final decision is made in the interests of the child. If domestic abuse is alleged, further consideration will need to be given regarding whether a fact-finding hearing is necessary pursuant to Practice Direction 12J. This can often delay resolution even further.
This whole process can often take well over a year to resolve and the delay on the child often causes prolonged instability and emotional harm.
Child-Focused Courts
By rolling out the Child Focused Courts, the government aims to do exactly what the name suggests - make the court process more child focused. To achieve this, after an application is made to the court in the usual way, the following procedure will be followed:
Initial Gatekeeping: The appropriate level of judge will be allocated and directions will be considered for the service of evidence. The judge may direct an accelerated hearing if there are urgent issues to be determined or there is a risk of harm to the child.
Information Gathering Stage: During this stage there will be an earlier consideration of safeguarding concerns, allegations of domestic abuse and emotional harm, coercive behaviours, as well as the child’s wishes, feelings, experiences, and overall welfare.
Cafcass or a social worker will write a ‘Child Impact Report’, covering a wider range of topics than the current initial safeguarding letter. This will include safeguarding checks, parental engagement, risk assessments, and direct engagement with the child depending on their age and maturity. Ultimately, this report replaces the Section 7 report. This means the first hearing (now to be known as a Safeguarding Gatekeeping Appointment/Case Management Hearing) can go through evidence with a view to better case management and quicker resolution with far fewer fact-finding hearings, although these may remain necessary where there are unresolved allegations of harm. Applications can settle at this stage and final orders made. If not, the judge will consider what steps are necessary to enable the application to progress to the next stage.
Interventions and/or Decision Hearing: The court can give specific directions or make recommendations, grant a consent order and consider any necessary means of monitoring agreements made between the parents. Where necessary, the final hearing will now be a Decision Hearing, and there can be a review stage as needed, including after the final order is made. The court will make a decision on those issues which are not agreed and consideration will be given as to how the decision of the court should be communicated to the child.
What Does This Mean in Practice?
During the pilot scheme, proceedings concluded much more swiftly with fewer hearings because the cases were front-loaded, allowing for faster resolution.
In a MOJ evaluation published in January 2026, many parents felt that these faster outcomes were a step in the right direction, although some domestic abuse survivors felt the increased speed did not give adequate time for their experiences to be heard.
By gathering relevant information earlier and identifying any safeguarding and welfare risks, the hope is that the process will be more focused on evidence from the start. Ideally, it will make the system less tolerant of litigation driven by accusations alone. Research suggests parents are finding the process more supportive and less adversarial - which is fantastic to hear when parents may need to continue to co-parent for years after the dispute. It is hoped that the new process will significantly reduce delay which will be in the best interest of the child and the parents.
The Child Focus Courts will be expanded across more regions, and whilst we do not yet know when the scheme will be nationwide or covering East Sussex, Heringtons are experienced in dealing with the current process and preparing for the future.
How Heringtons Can Help You
Court proceedings take a toll on children and are long, expensive, and emotionally exhausting for parents too. Court proceedings are always a last resort after parties have exhausted all other non-court dispute resolution avenues.
By getting sound and practical legal advice early, you can often avoid going through the court system. However, where proceedings are necessary, we will help you navigate the process with the benefit of years of specialised legal experience.
If you need advice on family law, please contact our team on 01424 434192,