The Pathfinder Programme: What It Means for Families in Private Children Cases

Few situations are more distressing than being unable to agree arrangements for your children with their other parent. When you are already managing the emotional and practical upheaval of separation, the prospect of court proceedings can feel daunting. 

For many years, parents have described the family court system as slow, adversarial and exhausting. Cases often extended across multiple hearings over many months, with mounting costs and escalating stress. Where domestic abuse has been a factor, the traditional court process has sometimes compounded trauma. Perhaps most significantly, children’s voices have frequently been heard too late in proceedings to meaningfully influence the decisions being made about their lives. 

The Pathfinder Programme is a pilot approach which seeks to change how private children cases are handled. It is based on a simple idea: children should be heard earlier, safeguarding risks need to be identified promptly, and the court process should be focused on reaching workable solutions wherever possible. 

Why reform was necessary 

The 2020 Harm Panel report examined serious concerns about how private law children proceedings were functioning. The findings were troubling. Families faced average waiting times of 29 weeks to reach a final hearing. Multiple court appearances appeared to intensify rather than resolve conflict. Domestic abuse concerns were not being identified or addressed with sufficient speed to protect children and vulnerable parents effectively. 

Consider what this meant for children. Already coping with the disruption of their parents’ separation, they waited months before anyone in the system properly understood their perspective. By the time their views were sought, their parents’ positions had often become entrenched, making agreement more elusive. 

Pathfinder emerged from a recognition that families experiencing one of life’s most challenging transitions needed a process that was more focused on early safeguarding and the child’s welfare. 

How the process works 

Pathfinder replaces the standard Child Arrangements Programme with a more front-loaded approach to information gathering. Rather than building understanding gradually through successive hearings, it seeks to establish a clear picture of a family’s circumstances at the earliest stage. 

Once an application is made, an initial review checks for any immediate safeguarding concerns. Cafcass then becomes involved early in the case to begin gathering information for what is termed the Child Impact Report. 

This early engagement is a significant departure from previous practice. Where appropriate, Cafcass may speak directly with children at an early stage. This is handled with care. Children are not being asked to choose between parents. The purpose is to understand their experiences, concerns and wishes so these can properly inform the court’s decision-making. For many children caught between separated parents, being heard by an independent professional can bring considerable relief. 

Cafcass also gathers information from others who know your family, such as schools, health professionals, local authorities and domestic abuse support services. Where safety concerns exist, specialist domestic abuse organisations may conduct risk assessments and can provide ongoing support throughout proceedings. This information is usually brought together within the early stages of the case in the Child Impact Report, which summarises the family’s circumstances, identifies any welfare concerns, and makes recommendations about how the case should proceed. 

Responding to individual family circumstances 

One of Pathfinder’s most important innovations is recognising that families have different needs. Following review of the Child Impact Report at a second gatekeeping hearing, typically without parties needing to attend, the judge determines the most appropriate pathway for the case. 

Some families may be able to reach agreement with appropriate support through mediation or another form of dispute resolution. Where this proves successful, the agreement can be reflected in a court order without the need for a contested hearing. This approach can spare families considerable stress and allows parents to retain greater control over arrangements for their children. 

Cases without complex safety concerns, but where agreement cannot be reached, may be allocated to the adjudication track. These proceed to a decision hearing where, based on the information already gathered, the court can make a final order. 

More complex cases, typically those involving allegations of domestic abuse requiring fact-finding, are allocated to the case management track. While these cases may require multiple hearings, the intention is that the court has clearer information about risks and welfare concerns much earlier on. This supports effective planning from the first substantive hearing, rather than safeguarding issues only emerging as proceedings unfold. 

Multi-agency support 

Pathfinder takes a multi-agency approach. The family court works alongside local domestic abuse organisations, mediation services, Cafcass and local authorities. When welfare concerns are identified, whether regarding children’s wellbeing or a parent’s safety, families may be connected with appropriate services. 

For those who have experienced domestic abuse, court proceedings present particular challenges. Recounting traumatic experiences, potentially encountering an abusive former partner, and navigating unfamiliar legal processes can feel re-traumatising. Pathfinder uses less adversarial language and approaches where possible. Independent Domestic Violence Advisors may also be available to support vulnerable parties through proceedings. The objective is not simply to reach the right decision for children, but to do so in a manner that minimises further harm. 

Post-order review 

The Pathfinder Programme introduces an element that has not historically been routine in private children proceedings. In some cases, between three and twelve months after a final order is made, the court may review how the arrangements are functioning for the family. This is not an enforcement mechanism. It reflects the reality that even well-considered orders can encounter practical difficulties, and early intervention may prevent minor issues from escalating into renewed conflict and further proceedings. 

This built-in review recognises that family life is dynamic. Children develop, circumstances shift, and arrangements that appeared workable in court may require adjustment in daily life. 

The position in Cornwall 

Pathfinder currently operates in specific pilot areas. It launched in Dorset and North Wales in February 2022, subsequently expanding to all of Wales, Birmingham, West Yorkshire, parts of the West Midlands, Hampshire and the Isle of Wight. 

Cornwall is not presently included in the pilot, which means private law children cases in this area continue under the standard Child Arrangements Programme. The government has indicated plans for wider rollout as pilot evidence is evaluated, although no confirmed timeline has been set for expansion to other regions including Cornwall. 

Early evidence from pilot areas has been encouraging. Average case duration in North Wales fell from 29 weeks to 18 weeks. Families have experienced fewer hearings, risks have been identified and managed earlier in proceedings, and children have been heard at a stage where their views can genuinely shape outcomes. 

Navigating children proceedings 

Regardless of which process applies to your case, the court’s paramount concern remains constant: your child’s welfare guides every decision. 

Early legal advice makes a material difference. Understanding what the process involves, being prepared for the information the court will require, and having experienced guidance through both practical and emotional challenges can help you navigate what will inevitably be a difficult period, with your children’s wellbeing remaining central to all decisions. 

If you have concerns about your children, cannot reach agreement with their other parent about arrangements, or have worries about safety, you do not need to face this alone. Appropriate legal support can help you through these proceedings while keeping your children’s interests at the heart of everything. 

About the author: Sarah Bell is a specialist family solicitor at Coodes Solicitors, with a focus on disputes involving children, advising parents on arrangements for their care following relationship breakdown, as well as cases involving relocation, domestic abuse and wider family disputes. She is Chair of the Cornwall Resolution committee. 

Get in touch: sarah.bell@coodes.co.uk  01726 874723