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23 April 2026
Parents entering the family courts will start to see changes straight away under the new child-focused approach being rolled out across England and Wales, according to Warwickshire-based firm Mander Hadley.
Elaine Collins, Senior Associate at Mander Hadley and a specialist in children cases, says the most immediate difference with the “Pathfinder Court” model will be how early the court hears from the child.
“The first thing parents will notice is that Cafcass (Children and Family Court Advisory and Support Service) completes work at an earlier stage by filing what is called a child impact report,” she explains.
“Previously, Cafcass would prepare a safeguarding letter, sometimes arriving only a couple of days before a hearing. Which made it difficult for parents to take advice, and it often flagged whether there were concerns, so the first hearing would be used to discuss how to manage those concerns.”
Under the new system, Cafcass will look in more detail at what each parent is saying and, where appropriate, speak to the child before any hearing takes place.
“That means the court has a clearer picture much earlier on,” Elaine says.
“The new approach will only apply to new applications. Ongoing cases will continue under the existing system, which Elaine reports can be slow to reach the point where a child’s voice is properly heard.”
Previously, safeguarding would be completed, followed by parents attending a hearing and only then would the Court order a section 7 report, if appropriate.
That report was usually the first time the child’s wishes and feelings were properly explored, and it could take 12 to 14 weeks to complete.
While the reforms have been described as a move away from an adversarial system, the role of the judge or magistrates hasn’t really changed with the Pathfinder approach. The court is still focused on the child’s best interests.
What has changed is that the court can now move cases forward on paper if there is enough information, rather than requiring everyone to attend a hearing.
For example, where there are concerns about drug or alcohol use, the court may be able to direct testing at an earlier stage without waiting for a first hearing.
Elaine advises that “the hope is the reform will help to reduce the current delays, but whether it will deliver on that promise remains to be seen. It may help that reports are done earlier and fed into the system without disrupting hearing dates, but we need to see how it works in practice.
One of the main concerns of rolling out the new approach nationally is whether there are enough resources to support the new system.
Cafcass estimates it will need to recruit around 200 additional social workers to deliver the new approach.
When asked if there were any other reforms Elaine would like to see for the sector, Elaine explained that she believes the priority should be to let the new approach bed in.
