The introduction of the pilot Pathfinder scheme represents a significant change in how private children’s proceedings are handled in the family court.
The Pathfinder programme, launched in 2022, has been implemented in Wales and various courts across England, including Dorset, Birmingham, and – from June 2025 – West Yorkshire. The scheme aims to improve the court experience, avoid unnecessary court time, and reduce conflict between parents.
What are the Key Features of the Pathfinder Scheme?
1. Child-Centred
The Pathfinder programme places the child’s welfare at the forefront by making sure their voices are heard, and their needs are central to every decision.
2. Problem-Solving
Using a practical problem-solving approach, the Pathfinder scheme aims to reduce conflict and focus on the child’s best interests, ensuring the right solutions for their welfare are found.
3. Improved Coordination
It necessitates better coordination and information sharing among the court, local authorities, police, and Cafcass to ensure that relevant information is available early in the process, preventing delays, and improving the overall court experience.
4. Early Risk Assessment
In an effort to ensure the court can make informed decisions that prioritise the safety and well-being of both the child and the victim, the Pathfinder programme also highlights the importance of early risk assessments, especially concerning domestic abuse.
5. Support for Victims
Crucially, the Pathfinder scheme offers specialised domestic abuse support and guidance, ensuring victims receive any necessary assistance throughout the court proceedings.
What is the Process of the Pathfinder Scheme?
1. Initial Safeguarding, Gatekeeping, and Case Management Review
Once an application is issued, the court schedules at least two gatekeeping hearings, which neither party needs to attend. The first hearing usually occurs within 24 hours to review the application for safeguarding concerns or domestic abuse allegations.
If concerns are found, the case is fast-tracked to an urgent hearing. If no concerns are identified, a Children and Family Reporter (typically from Cafcass) is instructed to complete a Child Impact Report. If any concerns are raised, the case will be fast-tracked to an urgent hearing where the court will determine how to address these issues.
2. Information Gathering and Assessment
The court requires a Child Impact Report, usually prepared by Cafcass. These professionals gather information from the police, the Local Authority, and domestic abuse agencies, and speak to both parents and the child to understand the child’s wishes.
The report, completed in about six weeks, highlights areas of agreement and disagreement, and provides recommendations for future progress, which were previously made later in the proceedings.
3. Intervention/Decision Hearings
Upon receiving the Child Impact Report, the court schedules a second gatekeeping hearing, which the parties do not need to attend. This hearing assigns the case to either the ‘Adjudication Track’ (requiring both parties’ attendance for a determination hearing) or the ‘Case Management Track’ (scheduling a filter hearing to address allegations). The court aims to use hearings efficiently to minimise costs for the parties, ideally making a final decision at the first hearing whenever possible.
4. Review
After a final order is made, the court will conduct a review between 3 and 12 months later to ensure that it is working for the family, and that the children’s welfare needs are being met.
The aim is to enable the court to identify and resolve issues within several months of the final hearing, thereby avoiding secondary proceedings in many cases.
Support with the Pathfinder Programme
The Pathfinder scheme marks a notable shift in the handling of private children’s proceedings within family courts. By emphasising early risk assessment, putting the child’s needs first, and giving better support to domestic abuse victims, the scheme strives to create a more efficient and supportive court process.
If you are currently facing challenges relating to child arrangements, our friendly team of family solicitors can help navigate the complexities of the Pathfinder programme process and provide support for you during this difficult time. Contact us to chat about your situation.
