Law Articles

Child Focused Courts: A New Approach to Resolving Disputes About Children 12/10/2026

A recent Court of Appeal judgment has brought attention to an important change in how family courts deal with disputes between separated parents. Known as Child Focused Courts, the new approach aims to place children at the centre of proceedings, improve the way concerns about domestic abuse are addressed and reduce delays in resolving disputes about child arrangements.

The new system is being introduced gradually across England and Wales and is not yet operating in London or most of the Home Counties. However, the Government has announced plans to extend it to all family court areas by March 2029.

On 29 September 2026, the Court of Appeal delivered its first judgment concerning a case decided under the Child Focused Court model. The judgment provides an opportunity to look at how the new system works, what it means for separating parents and how the courts will continue to approach disputes involving allegations of domestic abuse.

What are Child Focused Courts?

Child Focused Courts, previously known as Pathfinder Courts, represent a significant change to the way family courts in England and Wales deal with disputes about children following parental separation.

The model was first introduced in 2022 as a pilot scheme in Dorset and North Wales. It was subsequently extended to other areas, including Birmingham, Solihull, West Yorkshire and Hampshire.

The changes apply to private law children proceedings, which commonly involve disagreements between parents about where their children should live, how much time they should spend with each parent and other important decisions about their upbringing.

The main aim is to move away from a process in which parents present competing positions to the court and towards a more investigative approach, where the court obtains information about the children and their circumstances at an earlier stage.

This is intended to help judges understand how parental conflict and family circumstances affect children before making decisions about their future arrangements.

How does the new system work?

Under the traditional court process, parents involved in a dispute about child arrangements would generally attend an initial hearing known as a First Hearing Dispute Resolution Appointment (FHDRA).

At that hearing, the court would consider safeguarding information, identify the issues between the parents and decide what further evidence or hearings might be necessary.

One difficulty with this approach is that important information about a child's circumstances may not be available until later in the proceedings, potentially resulting in further hearings and delays.

The Child Focused Court model seeks to address this by gathering more information at the outset.

The main features include:

• Earlier involvement of children: Where appropriate, children are given an opportunity to express their wishes and feelings at an earlier stage, rather than waiting until proceedings have progressed.
• Child Impact Reports: Cafcass (the Children and Family Court Advisory and Support Service), Cafcass Cymru or another appropriate professional prepares a report to help the court understand the child's circumstances, experiences and needs.
• Earlier identification of safeguarding concerns: Issues involving domestic abuse, coercive or controlling behaviour and other potential risks are considered at an early stage.
• A more investigative approach: Judges take a more active role in identifying the issues and determining what information is needed to reach a decision.
• Fewer unnecessary hearings: The aim is to reduce the number of hearings where possible and resolve disputes more quickly, without compromising the welfare or safety of children.

The intention is that, by the time the court considers what arrangements should be made, it will already have a clearer picture of the child's individual circumstances.

This does not mean that every case will be resolved at a single hearing. Where there are disputed allegations, complex safeguarding concerns or a need for further evidence, additional hearings may still be necessary.

What is a Child Impact Report?

One of the key features of the new model is the Child Impact Report.

This report provides the court with information about the child's experiences, wishes and feelings, family relationships and any issues that may affect their welfare.

It may include information obtained from the parents, the child, schools, local authorities and other relevant professionals.

Where there are concerns about domestic abuse, the report may also include an assessment of the risks and their potential impact on the child.

Rather than simply examining what each parent wants, the report is intended to help the court understand how the family circumstances and the proposed arrangements may affect the child.

The child's wishes and feelings are an important consideration, although they do not automatically determine the outcome. The court must consider them in light of the child's age, understanding and overall welfare.

What did the Court of Appeal decide?

On 29 September 2026, the Court of Appeal delivered its judgment in Re C (Child Arrangements Orders; Domestic Abuse; Child Focused Court) [2026] EWCA Civ 1216.

The case involved four children whose parents had been involved in proceedings concerning contact arrangements. There was a history of domestic abuse, including behaviour admitted by the father.

The Family Court had made an order permitting the father to spend limited, supervised time with the children.The mother appealed against various aspects of that decision, including the arrangements for contact and the court's refusal to make certain protective orders.

The mother also challenged an order preventing either parent from making further applications concerning the children without first obtaining the court's permission for a specified period.

The Court of Appeal allowed the mother's appeal in relation to the restriction on her ability to make further applications but dismissed the remainder of her appeal.

The Court of Appeal considered the wider operation of the Child Focused Court model and confirmed that although the new model changes the way proceedings are conducted, it does not change the legal principles which judges must apply when making decisions about children.

Does the new approach change how domestic abuse is considered?

No. The Court of Appeal made clear that the introduction of Child Focused Courts does not alter the existing legal protections where domestic abuse is alleged or established.

The court must continue to apply the Children Act 1989 and the relevant provisions of Practice Direction 12J, which addresses domestic abuse in child arrangements proceedings.

Where domestic abuse has been established, the court must carefully consider its impact on the child and the parent who has experienced the abuse.

The court must also consider whether proposed arrangements can take place safely and whether they would expose the child or the other parent to further harm.

The new approach does not remove the need for fact-finding hearings where they are necessary. However, not every allegation of domestic abuse requires a separate hearing to determine the facts. The court must consider whether resolving disputed allegations is necessary to make a safe and informed decision about the child's welfare.

The Court of Appeal emphasised that the new procedure must continue to operate within the existing legal framework, including the safeguards that apply where domestic abuse is a concern.

Are Child Focused Courts operating in London and the Home Counties?

As at October 2026, the Child Focused Court model has not yet been introduced in London or most of the Home Counties, including Hertfordshire, Essex, Bedfordshire, Buckinghamshire, Berkshire, Oxfordshire, Surrey and Kent.

The model is already operating in a number of other areas, including Dorset, Hampshire, the Isle of Wight, Birmingham and Solihull, and West Yorkshire.

In March 2026, the Government announced that the model would be introduced across all family courts in England and Wales, with national implementation expected to be completed by March 2029.

The next phase of the rollout includes areas in the North East, North West and Midlands. Implementation dates for London and most of the Home Counties have not yet been confirmed.

Until the new model is introduced locally, private law children proceedings will generally continue under the existing Child Arrangements Programme.

However, the fundamental legal principles remain the same regardless of whether proceedings take place in a Child Focused Court or under the existing procedure. In every case, the child's welfare remains the court's paramount consideration.

What does this mean for separating parents?

For parents involved in disputes about children, the changes may mean a different experience of the family court process.

Rather than attending an initial hearing before a detailed assessment of the family's circumstances has been completed, parents may find that information about their children and any safeguarding concerns is gathered much earlier.

Parents may also be asked to engage with Cafcass or other professionals at an early stage.

The focus will be on understanding each child's individual needs and identifying arrangements that promote their welfare, rather than simply resolving disagreements between the adults.

The Government has reported that cases dealt with under the pilot scheme were resolved up to seven and a half months faster than under the previous process. However, the time taken to resolve any individual case will continue to depend on its particular circumstances, including whether there are allegations of abuse or other complex issues.

Not every family court in England has adopted the new model yet, so the procedure followed will depend on where proceedings are taking place and when the reforms are introduced in that area.

What remains unchanged?

Although Child Focused Courts introduce a different way of managing cases, the fundamental legal principle remains the same: the child's welfare is the court's paramount consideration.

Judges must continue to consider the relevant factors set out in the Children Act 1989, including the child's wishes and feelings, physical and emotional needs, any harm suffered or risk of harm, and each parent's ability to meet the child's needs.

There is no automatic entitlement to a particular arrangement simply because one parent is seeking it. Each case must be considered on its own facts, with the child's welfare guiding the court's decision.

The introduction of Child Focused Courts does not mean that parents will no longer need legal advice or that all disputes will be resolved without a contested hearing. Where parents cannot agree, the court will still need to determine what arrangements are in the child's best interests.

Looking ahead

The introduction of Child Focused Courts represents a significant procedural change to private law children proceedings in England and Wales.

As the model is introduced across the country, more families will experience an approach designed to obtain information earlier, give greater attention to children's experiences and reduce unnecessary delays.

The recent Court of Appeal judgment confirms that these procedural changes must continue to operate within the established legal framework, including the safeguards applicable where domestic abuse is a concern.

For separating parents, understanding how the new process works and what the court will consider can help them prepare for proceedings and make informed decisions about arrangements for their children.

For further information and advice on this issue, and other family law issues, please contact us for a free initial consultation.