All you need to know about Child Arrangement Orders is found here:
What are child arrangement orders?However some regions in the UK, including the Midlands, Wales and West Yorkshire amongst others, are piloting the ‘Pathfinder’ programme, a new process for handling Private Law Children cases.
Pathfinder has been introduced to improve safety for children, reduce delay, and make decisions that are more clearly focused on a child’s welfare. From a pilot initially introduced in Dorset and part of Wales, it is now being used in an increasing number of courts.
Why was the Pathfinder programme introduced?
Families applying for child arrangements have been experiencing long delays in the court process, with multiple court hearings which increased stress and costs and insufficient focus on domestic abuse and safeguarding risks at an early stage. The process felt highly adversarial, even where parents simply needed some guidance.
Research and reviews showed that delay and repeated hearings could be damaging for children. There were also concerns that risks to children and parents, particularly in cases involving domestic abuse, were not always identified or addressed quickly enough.
The Pathfinder programme was designed to respond to these issues by creating a more child-focused, problem-solving approach, where the court has better information from the start and can make safer, more timely decisions.
How Pathfinder works
Under the Pathfinder programme, cases are managed differently from the traditional Private Law Children process.
The key aim is to ensure that the court understands the child’s situation as early as possible, rather than relying on a series of hearings to slowly build information over time.
In Pathfinder cases:
- There is early involvement from Cafcass or Local Authority.
- Relevant information may be gathered at the outset from agencies such as the police, local authority children’s services, and domestic abuse support services
- The court focuses on risk, safety, and the child’s welfare from the very beginning
- A tailored case plan is created, rather than automatically listing multiple standard hearings.
This means that some cases can be resolved more quickly, without the need for prolonged court proceedings.
How is this different from the usual Private Law Children process?
In the traditional process, Private Law cases often follow a familiar pattern: an application is made, a first hearing is listed, and then further hearings are scheduled while reports are prepared. This can result in cases drifting over many months, or even longer.
The Pathfinder programme is in two stages:
Stage 1
Information gathering and assessment – this involves gathering and the preparation of an assessment to understand the impact of issues in the case on the children involved. A Child Impact Report (CIR) is developed which summarises the key evidence and issues for the court. In some cases, independent domestic services will assess risk which will be included in the CIR.
Stage 2
Interventions and/or decisions hearing – the court reviews the CIR and decides how to proceed. This may involve:
- Recommending non-court resolution
- Further investigation of issues
- Interim orders (such as periods of supervised contact)
- Holding a decisions hearing and making a final order
The Pathfinder model aims to improve the experiences of children and families by:
- Improving the family court experience for all parties, particularly parent survivors of domestic abuse and their children; improving children’s experience of and (appropriate) participation in the court process.
- Adopting a multi-agency approach to improve coordination between the family court and agencies, such as local authorities and the police, and the way allegations of domestic abuse and other risks of harm are dealt with.
- Deliver a more efficient court process which reduces delays whilst ensuring that all orders are safe and appropriate to the case.
- Reducing re-traumatisation of domestic abuse survivors, including children, that may be experienced during proceedings.
What does this mean for parents?
If your case is being dealt with under the Pathfinder programme, you may notice that things move more quickly at the beginning. You might be asked to provide information or documents earlier than you expected, and you may hear from Cafcass / Local Authority sooner than in the traditional process.
If there are concerns about domestic abuse or safeguarding, additional support services may be involved to ensure that the court has a clear and accurate understanding of any risks.
While this early stage can feel more intensive, it is designed to prevent cases from becoming drawn out and to ensure that any arrangements made are safe and, in your child’s best interests.
Recent analysis by the Ministry of Justice found that many families have a positive experience of the Pathfinder Programme, but there were negative reports from some, feeling that some social workers, Family Court Advisors, judges or magistrates have downplayed or ignored concerns.
Children and parents reported clear improvements in capturing the child’s perspective in the Child Impact Report, though there were mixed experiences when it came to the children’s wishes and perspectives being considered in final outcomes.
How we can help
If you are involved in a Private Law Children dispute and your case falls under the Pathfinder programme, early advice is essential.
Cases involving domestic abuse and cases where there may be a need for multi-agency collaboration need particular attention and careful management to ensure important issues are addressed effectively and early. Decisions can be made swiftly and there may be minimal opportunity for review by the court.
We can help you understand what the process involves, what information you may need to provide, and how best to present your case in a way that focusses on your child’s welfare.
