Child Focused Courts
The ministry of justice has announced the roll out of Child Focused Courts. There are currently 10 Courts acting as Child Focused Courts in the country. This is to be rolled out to include Northumbria, North Durham, Cleveland and South Durham, Lancashire, Cumbria, York and North Yorkshire.
Judges have welcomed the rollout of Child Focused Courts (previously known as Private Law Pathfinder) across England and Wales.
The President of the Family Division, The Rt. Hon. Sir Andrew McFarlane, welcomed the announcement as a “game changer” for the family justice system. Sir Andrew said:
“I have long been a supporter of Pathfinder’s approach which is truly groundbreaking. The key change is the Child Impact Report produced by Cafcass, Cafcass Cymru or the local authority, which enables the court to gain an early understanding of the impact the dispute is having on the child and focus the parties on how to address that. The model benefits families and indeed the whole system with fewer hearings, a better understanding of domestic abuse, and less parents returning to court because the arrangements have broken down”.
The judicial lead for Child Focused Courts, Mrs Justice Gwynneth Knowles, said:
“The positive thing about a Child Focused Court is that it does what it says on the tin – it puts the child’s safety and welfare at the heart of everything the court does. The emphasis on talking to children whenever we can is long overdue, That, together with the front loading of information about a child’s circumstances in the Child Impact Report, helps parents and the court focus on what the child’s safety and welfare demand early in the legal proceedings. I am clear that this promotes earlier resolution and better, longer lasting decisions which can only be good for children and their families”.
HHJ Christopher Simmonds, the Designated Family Judge for Bournemouth, one of the first areas to launch Pathfinder said:
“As a judge I feel that I am making better, safer decisions with the child’s live experience at the centre and without delay. Pathfinder has revolutionised how we are able to hear cases, across the entire family jurisdiction, quicker and utilise court resources in a more proportionate manner”.
Background
The Child Focused model has been piloted since February 2022, at Family Courts in North Wales and Dorset and is now live in 10 court areas including all of Wales, West Yorkshire, Birmingham and the West Midlands, and Hampshire and the Isle of Wight. The model is designed for all court users, but with a particular focus on the voice of the child and on improving the family court experience and outcomes for survivors of domestic abuse, including children and litigants in person.
The model puts forward a more investigative and problem-solving approach, with earlier information gathering and engagement with parties, rather than through multiple hearings. The Child Focused model encourages a more holistic, multi-agency approach, with the court engaging and developing positive working relationships with key local partners such as third sector domestic abuse agencies and Independent Domestic Violence Advisers.
The process will involve the preparation of a Child Impact Report. A Child Impact Report is a child-centred document prepared by Cafcass to help the family court understand how a child is affected by their family situation, especially in private law cases, such as disputes over contact or living arrangements.
The report ensures the child’s voice, wishes, and feelings are central to court decisions, and also show how parental behaviour, or conflict can impact a child’s welfare and wellbeing.
