February 2026 | Significant Addition To Information On The Family Courts Section of Fresh Thoughts

Recently there have been significant changes which affect the Family Courts in England and Wales, focusing on:

• Strengthening protections for victims of domestic abuse

• Removing child arrangement presumptions

• Increasing the use of mediation

Legal Changes now confirm:

1. If a parent is a victim of domestic abuse, the child is also a considered a victim, regardless of whether they directly witnessed the abuse.

2. Procedures have been introduced to automatically restrict parental responsibility for individuals convicted of serious sexual offences against children.

3. Family Court Judges will now prioritise the impact of abuse on children, even in

   those cases where the child was not the target but there is a risk of harm to that child.

4. Equal consideration is also being given to coercive control, emotional abuse, intimidation as well as physical violence.

Pathfinder Courts: A new approach

All family courts in Wales and some* family courts in England are now Pathfinder courts. Pathfinder courts are ‘piloting’ an innovative approach to help families resolve their issues through the family court.

The Pathfinder Family Court adopts a more risk assessment approach which is less adversarial, with a focus on getting information early through a "Child Impact Assessment” putting children at the centre of the process.

The court will appoint a Cafcass (Children and Family Court Advisory and Support Service) officer to advise on the best interests of children involved in family proceedings.

They perform initial checks with police and local authorities regarding risks to the child and they prepare a "Safeguarding Letter".

An IDVA (Independent Domestic Violence Adviser) provides support to victims of domestic abuse at risk of harm from intimate partners, ex-partners, or family members, and develops a plan to reduce that risk.

The process is designed to be less confrontational, reducing the need for multiple hearings and the court will establish where the children will live and how much time they are going to spend with each parent. This is called ‘child arrangements’.

*Pathfinder courts in England include Bournemouth, Weymouth, Birmingham, Bradford, Huddersfield, Leeds, Wakefield, Dudley, Hereford, Kidderminster, North Staffordshire, Redditch, Stafford, Stoke-on-Trent, Telford, Walsall, Wolverhampton, Worcester, Hampshire, and the Isle of Wight.

The Family Procedure Rules Amendments

The Family Procedure Rules have been amended to encourage the use of Non-Court Dispute Resolution (NCDR), such as mediation, to resolve disputes away from the court.

Mediation, together with Pathfinder, reflects a wider move towards resolution. Parties are now required to actively consider NCDR, and the court will require them to explain to the court if they do not do so. The court can also impose cost orders on parties who fail to engage with NCDR without a good reason.

Financial Support for Mediation

A financial contribution of up to £500 towards the costs of mediation relating to children will be available, if eligible, with mediators authorised by the Family Mediation Council (FMC). The first meeting with a mediator is called a Mediation Information & Assessment Meeting or MIAM.

Family Court Transparency Process

The Family Court Transparency pilot scheme, allowing journalists and legal bloggers to report on family court cases, is being rolled out nationally. Journalists will be able to report on cases, if a ‘Transparency Order’ is granted and they adhere to privacy safeguards. A ‘Transparency Order’ does not allow the parties of a case to report or publish anything about their case on social media.

Written by: Dr Jackie Farquharson (DCrimJ)