Child Focused Courts to be rolled out across England and Wales
The Government has announced that ‘Child Focused Courts’, previously known as ‘Pathfinder Courts’, are to be rolled out across all of England and Wales.
Child Focused Courts offer a new way of dealing with disputes between parents over arrangements for their children. As the new name implies, the courts will put the children at the centre of the proceedings, for example by ensuring that the courts gain an early understanding of the effect the dispute is having upon the children (set out in a ‘Child Impact Report’), and focus the parties on how to address that.
The new model also has a particular focus on the voice of the child, ensuring their views are heard, and upon improving the family court experience and outcomes for survivors of domestic abuse, including children and litigants in person.
The model utilises a more investigative and problem-solving approach, with earlier information gathering and engagement with parties, rather than through multiple hearings. It also 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.
Pathfinder Courts have been piloted since February 2022, at Family Courts in North Wales and Dorset. Since then, the pilot has been extended to ten court areas including all of Wales, West Yorkshire, Birmingham and the West Midlands, and Hampshire and the Isle of Wight.
The pilots have been deemed to be very successful. In several of the pilot areas court backlogs were halved, and cases resolved up to seven and a half months faster, which has obviously saved the children involved months of trauma.
The planned nationwide rollout of the new courts will take place in stages.
Firstly, backed by £17m in Government funding for the next financial year, the courts will initially be rolled out across Northumbria and North Durham, Cleveland and South Durham, Lancashire, Cumbria, York and North Yorkshire, Cheshire and Merseyside, Northamptonshire, and Coventry and Warwickshire.
It will then expand across the rest of England and Wales over the upcoming financial years.
Commenting upon the announcement, Justice Minister Baroness Levitt KC said:
“No child should have to live with fear, uncertainty or the shadow of conflict hanging over their everyday life. Behind every case is a young person who needs reassurance, protection and the chance to simply be a child.
“By rolling out Child Focused Courts nationally, we can help spare more children the pain of drawn-out proceedings, deliver swifter justice for families while making sure support comes earlier when it is needed most.
“This is about giving children and their families safety, stability and the best possible foundation for a healthy future.”
And Mrs Justice Gwynneth Knowles, the judicial lead for Child Focused Courts, 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”.
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