The Child Focused Court is a new way of running cases in the family court in private family matters. Its aim is to get fairer and faster justice for children. The Child Focused courts are a procedural change, the law that applies to private law children proceedings remains unchanged.
How is it different?
The voice of the child is given high importance in Child Focused Courts, right from the start of the process. The court will take a problem-solving approach which is less adversarial.
Previously, Cafcass would produce a Section 7 report, which related to the child's welfare, if the court ordered a report after the parties had filed statements and any relevant evidence such as school or medical reports or police disclosure had been filed. It was not a report that was prepared in every case.
In Child Focused Courts the Section 7 report is replaced by a Child Impact Report. This is longer and contains more detail. This report is requested by the court at the start of the case, at the same time as the ‘Gatekeeping 1’ hearing. If the Local Authority have been involved with your family within the last three months, they will prepare it, if not a Cafcass officer will prepare the report. Children are spoken to early in the case and will be asked about their lived experience and their wishes and feelings. This can mean a report starts with a photo of the child, and what life is like for the child in their own words.
All the parties are engaged at the start, not across multiple hearings.
There is support from Independent Domestic Violence and Family Support Workers if a case involves domestic abuse.
The author of the Child Impact Report will discuss their recommendations with you and your children. They will record your views about their recommendation. The Child Impact Report should be prepared within 50 working days (10 working weeks) of the Local Authority or Cafcass being asked to prepare it.
The report will then go to the court for a ‘Gatekeeping 2’ hearing. The Judge will look at the report and decide if a final order can be made. If not, a decision hearing will be listed. This is usually within three weeks of the Gatekeeping 2 hearing.
Another important difference is the Gatekeeping 1 and 2 hearings only involve the Judge, the parties do not attend. Judges might make decisions "on paper", which means without a hearing taking place. This can mean decisions can be quicker, with less emotional impact on the family. It might mean that you never have to attend court.
The aim is that the decision hearing is the first and the last hearing in most straight-forward cases. The court will work through any unresolved problems to try and reach an agreement which is child-centred and it is important that parents are aware of this. A final order can be made either by agreement or by the court making a decision if the parties agree.
What is the new process?
The application to the court remains unchanged. If you are applying for a Child Arrangements Order, a Specific Issue Order or a Prohibited Steps Order you still need to complete a form C100 and lodge this with your nearest family court.
- The first hearing is the "gatekeeping 1" hearing to start the process. The court will consider the application and what information will be necessary to further your case. At this point a Child Impact Report will be directed. The court will decide whether there needs to be any involvement from other agencies, for example whether a referral needs to be made to an Independent Domestic Violence Adviser (IDVA) in cases which feature domestic abuse.
- The Local Authority or CAFCASS will be allocated to your family to complete the Child Impact Report.
- The Child Impact Report will be filed with court within 50 days.
- The Gatekeeping 2 hearing will take place. Parties do not attend this hearing. They will consider the Child Impact report and decide whether they have enough information to be able to conclude the case.
- If not, the matter will be listed for a decision hearing which the parties will attend. This might be the only hearing. At this hearing the matter can either conclude either by agreement or the court making a decision if the parties agree. If not, further directions can be made.
- In the most serious of cases, a fact finding or a final hearing may be necessary. This is down to the court’s discretion.
Who will keep me updated?
A Case Progression Officer, a member of court staff, will keep you updated about any developments within your case.
Why is it happening?
The changes were felt necessary following two reports which were published in 2020, the Harm Panel Report and the Report of the President of the Family Division's Private Law Working Group. The two reports highlighted the number of domestic abuse allegations in private law proceedings and the failure of private law court processes.
The Harm Panel Report recommended the importance of the child's narrative from early in the proceedings, to look at a more investigate, problem-solving approach and offer better support for victims of domestic abuse.
After a trial in a limited number of areas, a review in 2026 confirmed improvements in speed. The average time to conclude a case in Child Focused Courts was 16 weeks, compared to an average of 67 weeks under the existing Child Arrangements programme.
Recent statistics report that a low percentage of cases are now going to a final hearing, with 35% of cases having concluded by the second gatekeeping hearing and 54% at a Directions hearing.
Both parents and children reported that they had positive interactions with professionals and that their voices were heard.
Improving the co-ordination between agencies is an important aim, particularly where there are allegations of domestic abuse.
Less hearings means less re-traumatisation of domestic abuse survivors, and less trauma overall.
Is this the same as the Pathfinder Pilot?
Yes, the Pathfinder Pilot was the trial where this new process was trialled in Dorset, Wales and Birmingham. After the review of the trial showed it was successful, it was renamed "Child Focused Courts". The government aims to have Child Focused Courts in place within all courts in England and Wales by 2030.
The changes come into effect in Cheshire and Merseyside on 17 November 2026.
Can I get Legal Aid?
Yes, Legal Aid funding remains available subject to the current assessment criteria which is means and merits tested and where prescribed evidence of domestic abuse or child abuse is available. Means testing involves an assessment of income and capital to check if someone is eligible. Merits testing involves an assessment of the likelihood of success and benefit to an individual.
Within the pilot scheme it has been highlighted that some people have found it more difficult to secure funding in time due to the speed in which the hearings are taking place. The Legal Aid Agency has put measures in place to try to ensure legal aid remains accessible under the Child Focused Courts in the same way as the current Child Arrangements Programme.
If you would like to discuss any matter relating to children law with one of our family law solicitors please contact us on 0161 696 6193.
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