A new child-focused approach to family justice marks one of the most significant shifts in the system in a generation. Described by the most senior family judge as the “biggest change” to family courts in 30 years, the reform fundamentally reshapes how disputes between parents are understood and resolved.
At its core, the reform shifts the emphasis from parental conflict to the child’s lived experience. For decades, family court proceedings in England and Wales have been largely structured around competing narratives, with each parent presenting their version of events, often in highly adversarial circumstances. While the welfare of the child has always been the court’s guiding principle in law, in practice, the child’s voice has not always been heard early or clearly enough in proceedings.
This new model, developed through pilot schemes launched in 2022, aims to completely change that dynamic. Instead of beginning with parental positions, the process will now start with an understanding of the child’s needs, wishes, and emotional well-being. The scheme has already been trialled in ten areas and is set to be rolled out nationwide across all court centres over the next three years, supported by government funding.
What this means for families
One of the most striking features of the reform is the earlier involvement of the Children and Family Court Advisory and Support Service (Cafcass). Under the new approach, a Cafcass social worker will meet with the child and both parents before the case reaches court. This ensures that, from the outset, the judge has access to a professional assessment of the child’s situation, including their wishes and feelings.
In practical terms, this represents a profound shift. Rather than judges first encountering the dispute through conflicting parental statements, they will instead begin with a clearer picture of how the situation is affecting the child. The judge’s role becomes less about adjudicating past grievances and more about addressing the future: asking what arrangements will best support the child moving forward and how parental behaviour can be adapted to minimise harm.
This “problem-solving” approach stands in contrast to the traditional adversarial model, which can often prolong disputes and deepen divisions between parents. In many cases, particularly where legal aid is unavailable, parents are required to represent themselves in court. Analysis has shown that in a significant majority of cases, at least one party is a litigant in person. This not only increases the emotional strain on families but also contributes to delays, with some cases lasting years.
The impact of such delays on children can be profound. Prolonged exposure to conflict, uncertainty, and repeated court proceedings can affect a child’s emotional well-being and development. In some instances, children’s voices are only formally captured late in the process, by which time the dispute may have already had a significant impact.
The child-focused model seeks to address this by ensuring that children are not merely passive subjects of proceedings but active participants whose perspectives inform decisions from the earliest stages. Early evidence from pilot areas suggests promising results. Government figures indicate that cases are being resolved more quickly, backlogs have been reduced, and children report feeling heard.
The reforms are designed not only to improve outcomes for children but also to reduce the emotional and financial burden on families. By intervening earlier and focusing on solutions rather than disputes, the system aims to deliver swifter justice while providing support at a stage when it can have the greatest impact.
The approach has also been welcomed by those working in the field of domestic abuse, who have long called for a system that better understands and responds to the experiences of victims and children. In many family court cases, allegations of abuse form part of the background, and a failure to address these issues appropriately can place both children and adult victims at risk. A child-focused, trauma-informed approach has the potential to improve safeguarding and ensure that decisions prioritise safety alongside wellbeing.
The potential challenges
However, while the direction of travel has been widely supported, concerns remain about whether the system has the resources required to deliver meaningful change at scale. Cafcass has indicated that it will need to recruit a substantial number of additional social workers to meet the demands of the new model. Although the government has committed funding for the initial phase of the rollout, stakeholders have warned that sustained investment will be essential.
Legal organisations have welcomed the reform in principle but cautioned that it cannot achieve genuinely transformative change without broader systemic improvements. In particular, the chronic underfunding of legal aid remains a significant barrier. Without adequate access to legal representation, many parents may continue to struggle to engage effectively with the process, potentially undermining the benefits of a more child-centred approach.
There is also the challenge of implementation. Transitioning to a new model will require extensive training for judges, magistrates, court staff, and social workers. Embedding a cultural shift, from adversarial dispute resolution to collaborative problem-solving, will take time, particularly in a system that has operated in a largely consistent manner for decades.
Despite these challenges, the reform represents a clear acknowledgement that the existing system has, in some cases, fallen short of its intended purpose. By placing children at the centre of proceedings, not just in principle but in practice, the new approach seeks to align the operation of the courts more closely with their underlying mission.
The role of those working within family justice has often been compared to that of professionals operating in high-pressure, emotionally charged environments. They’re required to make difficult decisions while maintaining a degree of detachment. By addressing issues earlier and more holistically, the new model may reduce the intensity of some of those situations, benefiting not only children and families but also the professionals involved.
Ultimately, the success of the child-focused court will depend on its ability to deliver on its promise: to resolve disputes more quickly, reduce harm, and ensure that children’s voices are not just heard but acted upon. If it can achieve these aims, it may well justify its description as the most significant reform to family justice in a generation.
