A guide to Child Focused Courts

 Supporting children through a divorce is critical. The new Child Focused Court is being rolled out across England and Wales between April 2026 and March 2027 to replace the traditional approach to dealing with child arrangements disputes.

As part of the family court process, Child Focused Courts operate separately to the divorce process but can be used when separating parents cannot agree on child arrangements.

Ward Hadaway’s expert divorce solicitors understand that dealing with high conflict divorces can have a huge impact on your children, but we’re here to provide you with the legal advice you need as you navigate Child Focused Courts to reach the best outcome for your family.

What are Child Focused Courts?

Child Focused Courts, previously known as Pathfinder Courts, are part of a pilot which is reshaping how the family court deal with matters involving disputes between parents. The model is designed to assist parents in reaching agreement regarding the arrangements for their children, but now the court system has a particular focus on the voice of the child, and on improving the overall family court experience and outcomes for survivors of domestic abuse.

The model, used in England and Wales, prioritises child safety and combines early risk identification with a problem-solving approach to private law children cases.

The new model was introduced to put the child’s voice at the forefront of legal proceedings, while reducing parental conflict and shortening the length of court proceedings. By improving the experience for families with a less adversarial procedure, Child Focused Courts can help reduce the effects of divorce on children, as well as other conflict between parents.

The previous procedure for private law children’s applications was the Child Arrangements Programme (CAP), where on average, the proceedings involved children being involved in litigated proceedings for around 40 weeks. The new process used in Child Focused Courts aims to resolve matters in  no more than 12 weeks.

When are Child Focused Courts used?

Child Focused Courts are used when parents cannot agree on child arrangements, such as where children will live or how much time they will spend with each parent. These arrangements are often a part of the divorce process, particularly when parents find it difficult to reach agreements amicably between themselves.

Successful parenting through divorce or separation may require mediation or legal support from divorce solicitors to ensure the safety of your child. If matters cannot be resolved through Alternative Dispute Resolution (ADR), such as mediation, then this is where the Child Focused Courts can be used.

They are used for:

• Dealing with disagreements over parenting: if parents cannot settle arrangements for their children on their own, legal advice and arrangements can be made.
• Handling safety and welfare concerns: this is applied in cases requiring early identification of risk, safety issues or when navigating divorce when domestic abuse is involved.
• Reducing trauma: by stepping in early and handling sensitive disputes with an awareness of trauma, children can be protected from long delays.

The Child Focused Court procedure is applied to any application to the family court under Section 8 of the Children Act. This includes Child Arrangements Orders, Specific Issue Orders and Prohibited Steps Orders, and any variation or discharge of these orders and applications to enforce a Child Arrangements Order. These types of orders are often used alongside the divorce process, and are dealt with by the family court.

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How Child Focused Courts work

The Child Focused Court replaces the traditional adversarial approach with an investigative, problem-solving approach that prioritises the child’s lived experience and putting their safety and welfare first.

There are four key principles of Child Focused Courts:

• Child-focused and trauma-informed approach
• Early risk assessment and safeguarding checks
• Problem-solving rather than adversarial
• Multi-agency collaboration (courts, CAFCASS, domestic abuse services)

Expert divorce solicitors from Ward Hadaway can support you through the process, providing legal advice to help you reach the best possible outcome for your child.

Stage 1: Application and initial screening

Before applying to the court for an order, you may need to attend a Mediation Information and Assessment Meeting (MIAM), which assesses whether negotiation and agreement with your child’s other parent through mediation or other forms of ADR is appropriate. You can only apply to the court once you receive a MIAM certificate or are exempt from mediation.

Once you apply, you will be assigned a Case Protection Officer (CPO) through the court, who is responsible for tracking your case and contacting both parties when necessary. Your CPO’s role is to progress your case but they will not make any decisions on your behalf.

If your case is urgent, the court may review your application quickly and implement any necessary orders. For example, if you have concerns that your child is at risk of harm, or you are worried that their other parent might abduct them. Following this, the case will continue through the Child Focused Court stages unless the allegations of harm need to be considered urgently.

Stage 2: Child Impact Report

After your application is issued, the Children and Family Court Advisory and Support Service (CAFCASS), or the local authority, will contact you to gather information for a Child Impact Report.

A Child Impact Report is a comprehensive report that provides the court with a detailed picture of your child’s life, needs and wishes. Depending on the age of your child, the person writing the report will arrange to speak to them, and will usually want to do this without a parent present, if this is appropriate.

The final report includes:

• a photograph of the child(ren)
• the child’s wishes (if age appropriate)
• information about your family
• information from different agencies
• details of interventions
• child impact analysis
• recommendations and views of the child and parents

Stage 3: Court review and next steps

Once the Child Impact Report has been received by the court, a judge or legal adviser will be allocated to your case. They will decide:

• if an interim (temporary) order is needed
• if the case should be given a date immediately for a decision hearing
• if the case requires input from an independent domestic violence adviser or domestic abuse support worker.

Stage 4: Decision hearing

Your case will be listed before a district judge or magistrates. At the decision hearing, the issues will be investigated, and parties will be encouraged to focus on the best interests of the child.

The court will exercise its discretion as to what order to make on the application, and they will also consider how to share their decision with the child.

In rare circumstances, if a decision cannot be reached in the timeframe given by the court, a final hearing will be listed where you may be required to give evidence.

Stage 5: Enforcement

In some cases, you may feel that the court order is not being followed correctly.

You can apply to the court for the order to be enforced and your application is likely to be heard quickly, without any need for a new Child Impact Report if there are no new welfare issues.

Prior to the national roll out, Child Focused Courts were based in Dorset, Bournemouth, West Yorkshire, Wales, Birmingham, Herefordshire, Worcestershire, Stoke, Staffordshire, the Black Country, Shropshire, Hampshire and the Isle of Wight. By March 2027, Child Focused Courts will expand into the North East, North West and the Midlands.

How long does the process take?

The Child Focused Courts aim to resolve matters more quickly than the previous CAP procedure, with the aim being for litigation to be concluded sooner so that children and parents are not involved in litigation for lengthy periods of time.

The process works as follows:

• Within 48 hours, your application will be checked.
• On day seven to 10, a CPO will be assigned to your case.
• At weeks eight to 10, a judge or legal adviser will consider the Child Impact Report and allocate the case to a tier of the judiciary and if an order is agreed, it can be made at this stage.
• At week 12, your case can be listed for a final hearing if necessary; this is expected to be the exception, rather than the rule.

Ward Hadaway’s divorce solicitors can help you navigate the Child-Focused Courts

While Child Focused Courts aim for quicker, less adversarial processes, it is still beneficial to receive legal advice and support throughout the process from expert divorce solicitors. This is especially useful if there are disputes surrounding domestic abuse or other complex issues.

Ward Hadaway’s specialist divorce solicitors can work alongside you and any other legal professionals to keep the best interests of your child at the forefront of your case.

Contact us for a confidential chat.