Changes to the Family Court system aim to improve the experience of parents and children

Back in November 2025, we updated you on various changes the government was making to the Family Court system and how it deals with cases involving child arrangements.

2026 is proving to be no different, with more reforms underway to further change how the courts deal with cases to do with children.

Child Focussed Courts to become a reality

For the past few years the government has been trialling the ‘Pathfinder’ project in a number of regions of England and Wales.  Having judged the pilot it a success, it is being rolled out nationwide under the name ‘Child Focussed Courts’.  The change will take place over coming financial years.

Every case will now result in a Child Impact Report from Cafcass at the very start of the proceedings (while currently if there is a report, it takes place around the mid-point).  The Report will draw together information from relevant bodies like the police, schools, GPs and the local authority, as well as the views of the parents and in some cases the child/children too.  The Report will be ready for the first time the parents meet with a Judge.

Another key difference is that children of sufficient maturity will be given updates at each stage of the proceedings.  At present, children’s wishes and feelings are provided to the court via Cafcass only if a full welfare report is directed, then it is almost always up to the parents to update the child as to what part those wishes and feelings have played (if any) and what the outcome of the proceedings is.  This task can add an extra layer of complexity and stress to an already tense situation.  It is thought that a neutral update from the court to the child will help them to feel their contribution has been valued and avoid them feeling confused, in the dark or even torn between their parents.

Pathfinder was found to shorten the length of legal proceedings from taking, on average, 5 hearings to only 1.3 or 1.4 hearings.  In circumstances where Legal Aid is available to fewer parents than in the past, reducing the number of hearings they must fund will be considered by many as a very good thing.

Research also shows that were cases involved domestic abuse the structure of the new system reduced the risk of re-traumatising victims.

It remains to be seen how quickly Child Focussed Courts will be in operation nationwide, but if the results are as positive as the Pathfinder pilot suggests, many parents will welcome the change as soon as possible.

More Magistrate hearings to clear back-log

Another incoming change is from 5 May 2026, more cases than ever will be heard by Magistrates rather than Judges, with only the most serious issues being reserved to Judges.  Magistrates are lay decision makers within the court system.  They receive specialist training and are helped by a Legal Adviser.  Traditionally they have dealt with cases more straightforward than those allocated to Judges (who are fewer in number).

It is hoped the change will alleviate the current backlogs within the Family Court system, which are widespread and very severe in some areas.

A full list of what types of cases will be allocated to which decision makers can be found here.

Consideration will also be given to judicial continuity.  Where a Judge has had prior involvement with a family they will, where possible, hear any further applications relating to that family.

The courts will be aiming to issue applications on the same day as they are received, with Cafcass filing their Safeguarding Letter within a further 17 days.  The Safeguarding Letter is short summary of high-level checks with the police and social services, a summary of a brief conversation with each parent and a set of short initial recommendations to the court for further Cafcass involvement or other evidence if necessary.

There can be no doubt parents are frustrated at the unprecedented delays they are currently experiencing in the Family Court.  It is hoped that these changes will improve the situation over the coming years so that the Family Justice system can provide a more positive experience for parents and especially for children whose lives it touches upon.

If you are experiencing difficulties relating to a child’s arrangements, please get in touch with one of our specialist children lawyers in the Family Law Team here at Furley Page.