The New Pathfinder Procedure in Private Law Children Matters

Katie Knight of our Family Department considers the changes to Private Law children matters and the introduction of the Pathfinder model that has been rolled out in Birmingham Family Court.

Pathfinder Model

On 31 July 2024, the President of the Family Division announced the ‘Pathfinder’ model within Private Law children matters. The Pathfinder model went live for new Private Law matters in Birmingham and Cardiff in April/May this year,

The Pathfinder model is to steer away from litigant-led court proceedings. The Court system is overloaded and experiences huge delays with reaching conclusions for cases. This has not been in the best interests of the subject children’s welfare. The President describes that the current system pitches one parent against the other therefore exacerbating dysfunctional family relationships.

The difference with proceedings in a Pathfinder Court is that prior to the first hearing, Cafcass will speak to the parents and the children before they file a substantial report explaining the disputes alongside the children’s wishes and feelings. This report will be called a ‘Child Impact Report’. The parents will comment on whether they agree with the report. The aim is to have a more problem-solving approach which is child-led, by encouraging the parents to recognise their disputes, the impact this has on their children and to think about any viable solutions to resolve matters.

The Pathfinder model aims to have most cases resolved at the first hearing, or on occasions, without a hearing where the Child Impact Report is clear. The Court will have fewer backlogs and will list hearings quicker. The aim is to reduce conflict, delay and consequential harm to the children.

Mediation – MIAM

There will also be a tighter MIAM regime. The exemptions have been more narrowly defined and if the Court is not satisfied the exemption is met, the party will be sent back to attend mediation. Additionally, every party must file a short statement setting out how they have approached matters before applying to the Court.

If you are currently within Court Proceedings or wish to make an application to the Court for a children related matter, then please contact our family team on 0121 704 3311 or family@charlesstrachan.com