Excellent experience start to finish – always very responsive to any queries and the turnaround on the property I was buying was very quick, even in the busy time leading up to stamp duty deadline. Jenny was always very helpful and went above and beyond to close on a short timescale.
The last major shift in family law came in 2014 with the introduction of the Child Arrangements Programme (CAP). It marked a welcome move away from outdated, combative language and aimed to place children, not conflict, at the heart of decision-making. The intention was clear: to ensure that children could see their wishes, feelings and needs had been heard and considered in the arrangements made.
But while the language changed, the system itself remained largely adversarial. Parents still presented their cases in court from the outset, often leading to entrenched positions and escalating conflict. Add to that an overstretched and underfunded court system, and the result has too often been lengthy proceedings at odds with the reality that childhood doesn’t wait. Now, change is on the horizon once again.
Enter Pathfinder: A shift in approach
The new Pathfinder model, being rolled out across England and Wales, promises a more meaningful transformation. Rather than simply refining language, it fundamentally rethinks how cases are handled – particularly how and when evidence is gathered, and crucially, how children’s voices are heard. Under Pathfinder, children remain at the centre but in a more practical, impactful way.
What’s different?
The biggest shift? Evidence comes first.
Once an application is made, Cafcass (the court’s family welfare service) steps in early to carry out detailed information gathering. This includes: speaking directly with the child or children; engaging with parents or carers; and liaising with schools and relevant professionals
Only after this groundwork is completed is a report submitted to the court and then a hearing is listed. This reverses the traditional process. Instead of parents setting the tone through competing arguments at the first hearing, the court begins with a clearer, more balanced understanding of the child’s world.
Why it matters
Early feedback suggests this approach could be genuinely transformative as children’s voices are heard sooner and more clearly; parents are less likely to become entrenched in conflict; and fewer families are returning to court after initial proceedings.
By shifting the focus away from parental positions and toward the lived experience of the child, Pathfinder creates space for more constructive dialogue and, ultimately, more sustainable outcomes.
A note on complex cases
Not all cases will follow the same path. Where there are serious safeguarding concerns or complex issues, a different process will apply. In these situations, early and thorough evidence gathering, sometimes even before court proceedings begin, will be essential to ensure critical issues are properly addressed.
Looking ahead
The direction of travel is clear: less conflict, more clarity, and a stronger emphasis on the child’s perspective. While no system is perfect, Pathfinder represents a significant step toward a more thoughtful and child-focused approach to family justice.
If you would like to discuss children proceedings or need advice on making arrangements for your children, please contact me via [email protected] or by calling 01457 860606.
