Key outcomes from the Pathfinder report and their implications for children and families in private law disputes
A report published yesterday assessed the Ministry of Justice’s Pathfinder pilot scheme. Launched in 2022, Pathfinder has been trialled in a number of Family Courts across England and Wales.
The Pathfinder initiative is designed to improve how children and families experience private law children cases. These proceedings typically involve applications by parents or other relatives for orders determining where a child lives, how they spend time with each parent, or decisions relating to matters such as education or medical care.
Pathfinder aims to streamline court processes to tackle delays, create longer-lasting arrangements that reduce the need for repeat court applications, and minimise the emotional harm — particularly the risk of re-traumatisation — faced by survivors of domestic abuse during legal proceedings.
The Pathfinder approach places greater emphasis on early information gathering, strengthening children’s participation in the process, and providing additional resources for domestic abuse support services.
Key findings from the pilot to date include:
- Parents reported that Child Impact Reports were helpful in enabling children to communicate their views about contact arrangements.
- Feedback was mixed on whether children’s expressed wishes were reflected in the final decisions made by the court.
- Mothers, in particular, responded positively to the involvement of domestic abuse support services, although many felt more could be done to limit re-traumatisation, especially when attending court hearings.
- Many parents experienced the Pathfinder process as quicker and more efficient; however, some domestic abuse survivors felt the pace was too fast, limiting their ability to fully share their experiences.
- Participants who were legally represented generally had positive views of the process, while those without legal representation reported predominantly negative experiences.
