As a children’s lawyer based in Bournemouth, I have had the unique opportunity to witness the rollout of the Pathfinder approach from the very beginning. I can honestly say this new process feels like a breath of fresh air – albeit one that comes with its own set of challenges.
Bournemouth, part of the Dorset area, was one of the first places to pilot Pathfinder, and I’ve seen first-hand how different and front-loaded this process is. We are still learning its ropes, but one thing is certain: it’s here to stay, and it’s changing the way we approach private law children act for the better.
The Pathfinder model is all about putting children at the heart of the process. It’s a shift away from the traditional, often adversarial court system and towards a more collaborative, problem-solving approach. As someone who’s passionate about advocating for children, I have always believed that their voices should be heard loud and clear in decisions that affect their lives. Pathfinder makes this a reality.
A Child-Centred Approach
One of the most striking differences with Pathfinder is how much emphasis is placed on understanding the child’s perspective right from the start. Before the first hearing, the Children and Family Court Advisory and Support Service (CAFCASS) steps in to prepare a detailed Child Impact Report. This involves speaking to parents, schools, other relevant parties, as well as – crucially – the children themselves – depending on their ages. The report captures the child’s wishes and feelings, helping parents to see the impact their disputes are having on their children.
This early intervention is a game-changer. In the past, judges often had to make decisions with limited information, relying on what parents presented in court. Now, the court has a much clearer picture of the family dynamics and the child’s needs from the outset. It’s a more compassionate and informed way of working, and I’ve seen how it can help parents refocus on what really matters: their children.
A More Streamlined Process
Pathfinder also introduces a more structured approach to case management. The process begins with two gatekeeping hearings, which take place without the parties present. At the first hearing, CAFCASS or social services are instructed to complete the Child Impact Assessment. If there are allegations of domestic abuse, a risk assessment is also carried out to ensure everyone’s safety.
The second gatekeeping hearing focuses on encouraging out-of-court resolution, such as mediation. In many cases, the court can issue a final order based on the Child Impact Report without the need for a hearing. This not only reduces the emotional toll on families but also helps to ease the pressure on an overstretched court system.
For cases that do require court intervention, they’re allocated to one of two tracks: the adjudication track or the case management track. The adjudication track leads to a determination hearing, where a final order may be made. The case management track, on the other hand, may involve a fact-finding hearing if allegations need to be addressed, followed by a final hearing.
The Benefits – and the Challenges
The benefits of Pathfinder are clear. Early reports from the pilot areas, including Dorset, show that most cases are resolved at the first hearing, with fewer cases returning to court for enforcement or further disputes. This is a testament to the power of early intervention and the emphasis on understanding the child’s perspective.
But, like any new system, it’s not without its challenges. The success of Pathfinder relies heavily on the resources available to CAFCASS, which plays a central role in preparing Child Impact Reports. Sir Andrew McFarlane, President of the Family Division, has acknowledged the need for additional funding to support the rollout of Pathfinder further across England and Wales. It is worth noting that, as already stated, the Pathfinder pilot launched in Dorset and North Wales in February 2022 and expanded to South East Wales in April 2024. It expanded to Birmingham in May 2024 and only this week (03 March 2025) it launched to Mid and West Wales. The plan is to roll it out to West Yorkshire on 03 June 2025.
A Step Forward for Family Justice
For me, the Pathfinder approach represents a significant step forward in family law. It’s a more compassionate, efficient, and child-focused way of working, and I have seen how it can make a real difference to the families I work with. Yes, there are still kinks to iron out, and we are all still learning how to navigate this new process. But the early successes give me hope for a brighter future for family justice.
As a passionate children’s lawyer, I’m proud to be part of this change. It is not always easy, but knowing that we’re prioritising the needs of children and families makes it all worthwhile. Here is to the Pathfinder approach—and to a more compassionate, child-centred future for family law.
If you want further advice, please do not hesitate to contact the Family team or Giuseppe Pingerna at 01202 786161 or [email protected].
