When relationships break down, arranging suitable contact and living arrangements for children can be one of the most emotionally charged aspects of a separation. To support families through this, the court system in England and Wales has introduced Pathfinder which is a reformed approach aimed at improving how Child Arrangements are resolved in private Family Law proceedings. This new process represents a significant shift in how cases are assessed and managed with a stronger focus on reducing conflict and prioritising the welfare of the child from the outset.
At Dudden Law, we recognise how daunting Court Proceedings can be and here we explore what Pathfinder entails, how it differs from the traditional approach, and what it could mean for families involved in such disputes.
What is Pathfinder?
The Pathfinder pilot was trialled in selected family courts across England and Wales and it was launched in response to growing concerns that the previous process did not do enough to reduce tension between parents or to assess the risks to the children early on.
There has been a fundamental shift in how cases are approached by bringing together different services, including Cafcass (Children and Family Court Advisory and Support Service), the Courts, and local authorities to assess the circumstances collaboratively before the first hearing. As a result, safeguarding and welfare concerns are being identified earlier and more thoroughly.
The aim is to reduce the number of Court hearings by making better use of pre-proceedings resources, directing more families towards out of Court solutions, such as mediation, and placing a greater emphasis on the voice and needs of the children throughout the process.
How does it differ from the old system?
Under the previous process, the Court often relied on sequential hearings and reports that could take weeks or months to complete, meaning that matters before the Court could take several months to reach a conclusion. Cases typically followed a similar route, which involved attending a MIAM, an application to the Court, initial safeguarding enquiries and then a First Hearing to identify matters that can be agreed and directions provided to obtain any further information required if an agreement cannot be reached.
Pathfinder streamlines the process by introducing a new triage process before the First Hearing, and during this stage, CAFCASS officers work closely with other agencies to gather detailed background information, assess risks, and consider what support services may help the family. CAFCASS also meet with the parents in order to obtain their position and also meets with the children to obtain their wishes and feelings, where possible. This early insight and report prepared by CAFCASS following their enquiries allows courts to make more informed decisions quicker, often avoiding the need for multiple hearings or protracted disputes.
Importantly, the children’s wishes and feelings are obtained in all cases where possible and without causing harm or distress and are taken into consideration by the Court from the beginning.
What does the new Pathfinder process entail?
1. Information gathering and assessment
Once the application has been issued by the Court, a Judge or legal adviser will consider the application and whether an urgent application is required, if so, directions will be given for an initial hearing to take place. If a MIAM has not been attended or an exemption has not been properly claimed, the Court may pause proceedings to allow the parties to attend a MIAM.
If all the information contained within the application is correct, the application will be sent to CAFCASS to obtain information, complete their assessment and provide the Court and the parties with a Child Impact Report.
2. Child Impact Report
Upon receipt of an application, CAFCASS Cymru will make enquiries with the police and local authority, if required, as well as others such as the children’s school to obtain information regarding any risks to the children. All information obtained will need to be considered when preparing the Child Impact Report and when making decisions.
CAFCASS will also contact the parties to the application to discuss the children and any risks posed to them. If required and appropriate to do so, CAFCASS will also speak with the children directly to obtain their wishes and feelings.
3. Case Management Review
Once the Court has received the Child Impact Report, the Judge or legal adviser will consider the next steps. If the Court has no concerns about the safety of the parties to the application, the Court may decide that matters can be resolved outside Court or at a hearing.
Suppose the Court has concerns about the safety of any of the parties. In that case, the Court may direct further work from CAFCASS or the local authority, DNA testing, drugs and alcohol testing, written statements or for parents to attend courses and the matter will be listed for a hearing.
4. Intervention/Decision Hearing
If the Court does list the matter for a hearing, CAFCASS may be asked to provide an updated Child Impact Report to include any work that has been undertaken by the parties. The parties will also likely be asked to provide written evidence by way of a statement as to what they believe to be in the best interest of the children.
5. Review (if required)
If the matter is difficult or has a number of issues in dispute, the Court may list the matter for a further Review Hearing and make further directions in the meantime. In some cases where a non-hearing review would be appropriate, the Court will direct CAFCASS or another professional to consider whether the Court should check the arrangements for the children and if they are safe, if any issues have arisen due to the parties not understanding a Court Order and if there is to be a staged progression with regards to contact.
Will it apply to all children’s applications?
Yes, Pathfinder now applies to all applications in relation to children brought before the Court.
How Dudden Law can help
Navigating Child Arrangements is rarely easy and at Dudden Law we offer practical and sensitive guidance tailored to your unique circumstances.
If you require advice on reaching an agreement outside of Court, are considering making an application or have received an application made by another parent, we are here to help. Contact us to speak to our Family Law team.
Written by
Stacy Bruce
Family Solicitor
