Introduction to Child-Focused Family Courts
Government backing for a new "child-focused" approach in Family Court disputes between parents has been positively received by the most senior family judge, Sir Andrew McFarlane, who described it as the "biggest change" in three decades.
Sir Andrew, who is stepping down from his position, stated that the initiative "turns the old approach on its head".
Scope and Implementation of the Scheme
The scheme, piloted since 2022 across 10 areas, is planned to be expanded nationwide over the next three years, impacting thousands of parents involved in child-related court cases in England and Wales.
Current Challenges in Family Court Proceedings
At present, when parents appear in court, each presents their own narrative of events. Due to reductions in legal aid, many individuals represent themselves. Analysis by the Nuffield Family Justice Observatory revealed that in 80% of cases, at least one parent is a litigant in person.
This situation often prolongs cases, sometimes lasting years, which can be traumatic for parents who may need to give evidence, frequently recounting alleged domestic abuse. The prolonged nature of proceedings also adversely affects the children involved.
Case Study: Child's Voice in Court
The BBC is following a case where parents have contested custody of a six-year-old girl for nearly her entire life. Only recently has the child's voice—her wishes and feelings—been formally reported to the court through a social worker from the independent Children and Court Advisory Service (Cafcass).
The Child Focused Court Model
The new Child Focused Court model will alter this process significantly.
Prior to court hearings, a Cafcass social worker will meet with the child and parents. The judge will receive their report at the initial meeting with the parents.
"The judge will say, is this what's going on? Well, look at the impact on your child of what you two are doing.
What are we going to do to make things better? What are we going to do in the future for this child? So it's a very different approach, a problem-solving approach, that requires more resources, particularly from CAFCASS."
Resource Needs and Funding
CAFCASS estimates it will need to recruit 200 additional social workers to support the new approach. It welcomed the £17 million funding allocated for the first year and indicated it would continue to communicate any further resource requirements as the scheme expands.
The government has committed to providing more funding throughout the three-year rollout, which will extend from the initial 10 pilot areas to all 43 court centres.
Nationwide Adoption and Training
Sir Andrew expressed confidence that the new approach could be implemented nationwide, although it will require time to train advisers, court staff, judges, and magistrates.
Government and Stakeholder Perspectives
Justice Minister Baroness Levitt KC stated that the new approach could "help spare more children the pain of drawn-out proceedings, deliver swifter justice for families while making sure support comes earlier when it is needed most".
She added that the new court system had already "halved backlogs and resolved cases months faster in our pilot areas" with "more children feeling heard".
Domestic Abuse Commissioner Dame Nicole Jacobs expressed enthusiasm that the government had "heard the calls from both children and adult victims" for a family justice system that "truly understands domestic abuse, listens to their concerns, and prioritises their safety."
The Association of Lawyers for Children welcomed the rollout but cautioned that the model would not "achieve genuinely transformative change" without accompanying "wider reform and adequate funding of the chronically under resourced legal aid scheme, and proper funding of Cafcass and the family courts."
Reflections from Sir Andrew McFarlane
As the most senior family judge, Sir Andrew, who is retiring this week, has faced many difficult decisions.
He likened the role of a family judge to that of a trauma surgeon, explaining:
"I think all professionals who work in family justice get used to protecting themselves to a degree from what goes on.
But equally, you couldn't do the job if you didn't have enormous empathy for the individuals in front of you.
So it's a difficult tightrope to walk. You've got to be emotionally connected enough to understand what's going on, but protected so that you aren't drawn in to the emotional fallout yourself."
