The government has announced a significant change to the way family court cases involving children are handled, with the national rollout of Child Focused Courts across England and Wales.
The new approach is intended to reduce delays, improve outcomes for children and limit the distress families often experience during lengthy court proceedings. Child Focused Courts have already been piloted in several areas since 2022 and, following positive results, will now be expanded nationwide over the next three years.
What is a Child Focused Court?
Child Focused Courts represent a shift away from the traditional adversarial model of family court proceedings. Rather than focusing primarily on competing accounts from parents, the new approach places the child’s welfare at the centre of decision‑making from the very start of a case.
Sir Andrew McFarlane has described the model as one that “turns the old approach on its head”, moving towards a more investigative and problem‑solving process.
The aim is to identify risks to children earlier, streamline cases and reduce the likelihood of families becoming caught in prolonged court disputes or returning repeatedly to court.
Why the change was needed
Under the current system, family court cases can take a long time to resolve. When parents attend court, each typically presents their own version of events. Cuts to legal aid have also resulted in many people representing themselves. Recent analysis has shown that in around 80% of cases, at least one parent is a litigant in person.
As a result, cases can last months or even years. This can be traumatic for parents, particularly where allegations of domestic abuse are involved, and can have a serious and lasting impact on children.
How do Child Focused Courts work?
A key difference under the Child Focused Court model is that work is carried out before the case reaches court.
A Children and Family Court Advisory and Support Service (Cafcass) social worker meets with the child and both parents at an early stage. The judge then has the benefit of a report when they first meet the parents, allowing the court to understand the child’s circumstances and any safeguarding concerns immediately.
Rather than asking parents to simply argue their positions, the judge can focus discussions on the impact of the dispute on the child and what needs to change to improve the child’s future. The approach is designed to be less combative and focused on resolving issues in a way that supports the child’s wellbeing.
This model also places greater emphasis on coordination between the courts and external agencies, including local authorities and the police, helping to reduce delays and limit cases returning to court.
What the pilot schemes have shown
According to Ministry of Justice figures, pilot areas using the Child Focused Court model have seen cases resolve up to seven and a half months faster, with court backlogs significantly reduced.
At present, the model is operating in 10 of the 43 family courts in England and Wales. The next phase of rollout will include northern regions such as Northumbria, Lancashire, Cumbria and North Yorkshire, with further expansion planned nationwide over the next three years.
What does the changes mean for families?
For families involved in child arrangements or other private law proceedings, the changes are intended to mean:
- Faster resolution of cases.
- Earlier identification of risks to children.
- Fewer repeated court hearings; and
- A greater focus on the child’s welfare and future, rather than parental conflict.
Justice Secretary David Lammy has emphasised the importance of addressing delays in family justice, stating that court backlogs “are not just numbers on a page… they represent victims waiting, families in limbo and children and domestic abuse victims left to linger in harm’s way.”
Resources and long‑term impact
The new approach requires additional resources, particularly from Cafcass. It has been estimated that around 200 additional social workers will be needed to support the model and £17 million has been allocated for the first year of rollout.
While the pilot results suggest improvements in efficiency and outcomes, the long‑term success of Child Focused Courts will depend on how consistently the model can be implemented across the wider court system as it expands.
Looking ahead
The rollout of Child Focused Courts forms part of a wider programme of reform to the family justice system. This includes proposed changes to the Children Act 1989 and measures aimed at improving support for victims.
Together, these changes signal a move towards a family justice system that is more responsive, child‑centred and focused on resolving disputes in a way that protects children from unnecessary harm.
If you would like further information about Child Focused Courts or support with a family law matter, please contact Catherine Lowther on Catherine.Lowther@swinburnemaddison.co.uk or call our Family Team on 0191 384 2441.
