The family justice system in England and Wales is undergoing one of its most significant reforms in decades. At the heart of this transformation is the Private Law Pathfinder Pilot, a new approach designed to make private law children proceedings less adversarial, more child-focused, and quicker to resolve.
Why were Pathfinder Pilots introduced?
The pilots were launched following the 2020 Harm Panel Report, which highlighted serious shortcomings in how the courts handled cases involving domestic abuse and other safeguarding concerns. The traditional Child Arrangements Programme (CAP) often left families navigating a stressful, litigation-heavy process, with limited information available at the first hearing and repeated court appearances over the same issues.
The Ministry of Justice responded by introducing the Pathfinder model—a problem-solving, investigative approach aimed at reducing conflict, prioritising safety, and ensuring children’s voices are heard from the outset.
What makes the Pathfinder model different?
Under the Pathfinder scheme, the usual CAP process is suspended in participating courts. Instead, cases follow a new structure:
- Early information gathering: Within six weeks, CAFCASS (or CAFCASS Cymru) prepares a Child Impact Report (CIR). This comprehensive report pulls together safeguarding checks, risk assessments (including domestic abuse), and input from multiple agencies such as local authorities and the police.
- Child-centred approach: There is a presumption that children will be seen and heard early in the process, ensuring their wishes and feelings inform decisions.
- Problem-solving hearings: Judges adopt a more inquisitorial role, using the CIR to decide next steps—whether that’s mediation, further assessments, or making an order. Notably, the traditional First Hearing Dispute Resolution Appointment (FHDRA) is removed, allowing cases to move more fluidly from assessment to resolution.
- Multi-agency collaboration: Courts work closely with CAFCASS, domestic abuse specialists, and other professionals to provide holistic support, including referrals to parenting programmes or mental health services.
Where are Pathfinder Pilots operating?
The pilots began in Dorset and North Wales in 2022 and have since expanded to South-East Wales, Birmingham, and Mid and West Wales. From June 2025, they will also operate in West Yorkshire, with further rollouts planned across England and Wales through 2026.
What impact are we seeing?
Early evidence suggests the Pathfinder approach is working:
- Cases in pilot areas are being resolved up to 11 weeks faster than under the old system.
- Backlogs have halved, and families report feeling less adversarial pressure.
- Domestic abuse survivors experience improved safeguarding and support.
- Children’s voices are being heard earlier, leading to more sustainable arrangements.
What does this mean for practitioners and parents?
For lawyers, the shift requires adapting to a more collaborative, investigative process. The emphasis is on early engagement, understanding family dynamics, and supporting non-court solutions where possible. For parents, the hope is fewer hearings, reduced conflict, and quicker, safer outcomes that truly prioritise children’s welfare.
In summary: Pathfinder Pilots represent a bold step towards a family justice system that is less adversarial, more efficient, and firmly centred on the needs of children. As the scheme expands nationwide, practitioners should prepare for a future where problem-solving and early intervention become the norm.
How can we help?
Rina Mistry is a Legal Director in our Family Law team, advising on a wide range of family law work, and in particular specialising in private children law, international family matters, and domestic abuse.
If you need any advice concerning the subjects discussed above, please contact us and we will be happy to discuss your circumstances in more detail and give you more information about the services that our solicitors can provide, along with details of our hourly rates.
For more information or advice, please call Rina or another member of our team in Derby, Leicester, or Nottingham on 0808 258 0461 or contact us via our online form.
Contact us