Child-focused courts in the UK: Reforming family justice around children’s needs

For many years, the family court system in England and Wales has faced criticism for being too adversarial, too slow and too focused on parental disputes rather than the experiences of children themselves.  Families navigating separation, custody disagreements, domestic abuse allegations, or safeguarding concerns have often described the process as emotionally exhausting and difficult for children to understand.

In response to these concerns, the UK has begun introducing a new approach known as child focused courts.  Previously referred to as “Pathfinder Courts,” this model aims to place children at the centre of family justice proceedings by prioritising their welfare, safety and voices throughout the process.

The reform represents one of the most significant changes to family justice in decades and reflects a broader recognition that children should not simply be subjects of court proceedings, but active participants whose experiences matter.

What are child-focused courts?

Child-focused courts are part of a reformed family justice model designed for private law children cases, particularly disputes between separated parents about where a child should live or how much time they should spend with each parent.

The system was initially tested in selected courts across England and Wales before being expanded nationally in 2026 following positive pilot results. According to the Ministry of Justice, the reforms reduced delays significantly and helped resolve cases more quickly, reducing emotional strain on children and families.

The central idea behind the model is simple: decisions about children should begin with an understanding of the child’s lived experience rather than focusing primarily on conflict between adults.

The need for reform

Traditional family court proceedings have often been criticised for several reasons:

• Long delays before cases are resolved
• High levels of parental conflict
• Inconsistent handling of domestic abuse allegations
• Limited opportunities for children to express their wishes and feelings
• Stressful adversarial hearings

Reports have shown that some family court cases can take many months, and occasionally years, to conclude. These delays can leave children living in uncertainty during critical periods of development.

Campaigners and child welfare organisations also raised concerns that some children felt unheard during proceedings.  In response, policymakers began exploring ways to redesign the system around children’s emotional wellbeing and safety.

The role of cafcass

A key organisation within the child-focused court model is the children and family court advisory and support service (Cafcass). Our equivalent in Jersey is the Jersey Family Court Advisory Service (JFCAS).

Cafcass/JFCAS represent the interests of children in family court proceedings and advise judges on what arrangements are in a child’s best interests. Family Court Advisors speak with children, parents, schools and other professionals before preparing recommendations for the court.

Under the new model, Cafcass professionals are expected to engage with children earlier in proceedings and provide judges with clearer information about the child’s wishes and experiences in addition to any safeguarding concerns.

This earlier intervention is intended to help courts make safer and faster decisions while reducing the number of repeated hearings.

Key features of Child-Focused Courts

Earlier voice for children

One of the most important changes is that children are now involved earlier in the process. Their wishes, feelings and experiences are gathered sooner so judges can better understand the impact of family conflict on their wellbeing.

Rather than treating children as passive observers, the model encourages professionals to see them as individuals directly affected by proceedings.

Faster resolution of cases

The Child-Focused Court approach aims to reduce delays by simplifying procedures and encouraging earlier decision-making.

Pilot schemes demonstrated that many disputes could be resolved significantly faster than under the traditional model. Faster decisions help reduce uncertainty and emotional stress for children and parents alike.

Improved safeguarding

Another major focus is safeguarding, particularly in cases involving domestic abuse, coercive control or emotional harm.

Professionals are encouraged to identify risks earlier and ensure that the child’s safety remains central to any court order. The reforms also aim to improve understanding of how domestic abuse affects children, even when children are not directly involved. 

Proceedings

It is sometimes felt by parents that they are in a legal battle in cases of this nature, with one coming out as a “winner” after a contested hearing.  Despite the efforts of professionals and the court, it can be hard to shift this perception. Child-Focused Courts encourage problem-solving approaches which hopefully reduces unnecessary conflict.

Challenges and criticisms

Although many professionals welcome the reforms, concerns remain about whether the system has enough funding, staff and training to fully deliver its goals.

Some parents continue to report negative experiences with family court proceedings and Cafcass involvement.  Online discussions show mixed public reactions, with some praising the focus on children while others argue that the system can still feel inconsistent or difficult to navigate.

Critics have also highlighted broader structural issues, including shortages of judges, social workers, and legal aid support.  Without sufficient resources, some experts warn that even well-designed reforms may struggle to achieve lasting change.

The future of family justice

Despite ongoing debate, the national rollout of Child-Focused Courts marks a major shift in how family justice operates in England and Wales.

It remains to be seen whether a similar model will be rolled out in Jersey, although we expect there would be support for it from the professionals working in this area.  We already strive to find alternative ways to resolve matters, to keep the child at the centre of the decision and to try and reduce stress for all involved so anything that further supports this is welcomed.

Jersey has recently created the Jersey Family Justice Council, whose stated aim is to oversee reform of the family justice system and improve outcomes for children involved in court proceedings. 

The Government of Jersey has also launched:

• a Family Court user survey focused on domestic abuse and children’s experiences;
• a wider “child first” youth justice strategy; and
• increased discussion around safeguarding and the voice of the child in legal proceedings.

These are all signs of progress in the right direction in keeping the children at the heart of these significant matters that concern their welfare.  We await further developments with interest.