A new way of doing family law is coming to Leeds.
The ‘Pathfinder Pilot’ is soon to be implemented by Leeds Family Court. This is a new method of dealing with applications about who a child lives with and spends time with (‘child arrangements’).
As those who have experience of the Family Court will know, the process can be combative and stressful. Numerous court hearings can be very intimidating, and cases are subject to great delays which can be agonizing for families.
Pathfinder aims to make the Family Court a place of problem solving. Pathfinder is ‘investigative.’ This means the judge and professionals gathering information from a child-focused and otherwise impartial perspective, rather than information being viewed as evidence to support arguments.
So, what will Pathfinder look like?
- When a child arrangements application is sent to court, this should be dealt with within 48 hours. Currently, it can take many weeks for the court to deal with your application.
- A family court adviser from Cafcass will be directed to prepare a Child Impact Report as the first step in every case. Currently, Cafcass are only asked to do reports in some cases, and usually much later down the line.
- To prepare their report, Cafcass will usually speak to the child directly to get their views. Currently, Cafcass only speak to the child in limited circumstances.
- Cafcass will also complete a domestic abuse risk assessment in all cases. Currently, such risk assessments are only considered in certain circumstances.
- A judge/legal adviser will then consider how the court should intervene. They may tell the parties to resolve the case out of court (e.g. mediation) or they may schedule a court hearing. The aim is to decide the arrangements at the first court hearing, where possible. Currently, hearings are the default method of court oversight, and there can be three or more hearings in a case before a final decision is reached.
- The final decision will be reviewed by the judge 3-12 months later. The parties will have the opportunity to tell the court how things are working out. Currently, there is no review process, meaning parties must start a new case to return the matter to court if the arrangements break down.
Focusing on what is best for the child
Pathfinder therefore gives Cafcass a bigger role, particularly in dealing with domestic abuse allegations. It also reduces the number of hearings (although there will still be urgent hearings at early stages in necessary circumstances).
Ultimately, Pathfinder aims to change the focus from ‘who can prove that they are right’ to ‘what is best for the child.’
This will be welcome news to many. However, some people describe negative experiences with Cafcass and may be worried about Cafcass having more of a ‘say’ in their case. Further, some parents will worry about their child having to speak to a professional. This is likely to result in more people re-considering mediation before applying to court.
While Pathfinder is only a ‘pilot’ (trial) at this stage, it has been very successful in other regions. If its success continues, it is likely to be rolled out nationwide as our ‘new normal.’
At Ison Harrison, our experienced Family Law team is here to help you navigate this new process. You can contact us on 0113 284 5000 or email mail@isonharrison.co.uk
