What is Pathfinder and how does it work?

If it is not possible to reach an agreement about where a child should live and/or how their time should be divided between their parents, then an application for a Child Arrangements Order can be considered. If mediation isn’t suitable or fails then an application is made on a specific court form, which sets out the details of all the adults and children in the case. It then requires you to say what orders you are asking the court to make and why.

The government have recently introduced a new procedure for dealing with Child Arrangements called “Pathfinder”. When an individual submits the court form, their case will be referred to Pathfinder.

The Pathfinder Programme

Pathfinder is a pilot scheme being trialled by the family courts to resolve children matters with an aim to reduce the length of court proceedings. The court are now front-loading cases by commissioning a report at the very outset called a Child Impact Report.  This pilot scheme is applicable throughout the West Midlands, including in Birmingham and Wolverhampton. 

When the court receives an application, it will order for a Child Impact Report to be prepared. This report will be prepared by a Cafcass (Children and Families Court Advisory and Support Service) officer. The report takes into account several factors, including the child’s wishes and feelings to help the Court make decisions about what is in the child’s best interests.

The court will then hold a triage hearing to determine the next steps.  This usually takes place in the absence of the parties.

If the judge or legal advisor has no safeguarding concerns, they can simply list the matter for a final hearing at this stage.  If there are safeguarding concerns, then there would need to be further steps taken by the parents/Cafcass or the local authority and potentially further hearings before a final hearing could be listed.

Court proceedings outside of Pathfinder

Cases outside of the Pathfinder scheme will adhere to the following process through court.

Following receipt of an application for child arrangements, the court will set a time and place for you and the other person or people involved to have a first court appointment (called a first hearing dispute resolution appointment (FHDRA)). Information about this appointment and a copy of the application form must usually be sent to any other adults involved so that they have time to prepare a response. The person starting the court process is called the applicant and the other parent, and any other adult with parental responsibility or looking after the child, is a respondent.

The respondent(s) must complete certain forms and send them to court to confirm they have seen the papers and should also prepare an answer setting out their case.

The FHDRA is when the court investigates the issues and enquires into the possibility of settlement. If agreement cannot be reached the court will identify the outstanding issues and will direct how the case should proceed. The court might order that a Cafcass (Children and Families Court Advisory and Support Service) officer prepares a report to help the judge at the final hearing, or it might order that the child be legally represented in the proceedings. Sometimes the court will adjourn the case for mediation to take place.

In some cases the court will order that there should be a dispute resolution hearing during which the court will try to help the parties to reach an agreement rather than impose a decision upon them.   If matters can’t be agreed the court will schedule a final hearing. Here, a judge may hear evidence from the adults involved, the Cafcass officer and any other necessary experts, and then make a binding decision.

How does the court decide what the outcome of the case should be?

The first concern of the court is the child’s welfare. The Children Act 1989 provides a list of considerations for the judge who has to decide the case, which help guide them in making a decision:-

• the wishes and feelings of the child concerned;
• the child’s physical, emotional and educational needs;
• the likely effect on the child if circumstances changed as a result of the court’s decision;
• the child’s age, sex, background and any other characteristics that will be relevant to the court’s decision;
• any harm the child has suffered or may be at risk of suffering;
• the capability of the child’s parents (or other relevant people) in meeting the child’s needs; and
• the powers available to the court.

The court must also be satisfied that making an order is better for the child than not making an order at all.

At George Green, we understand how stressful these situations can be. Our family law team can provide clear, sensitive and practical advice to help you understand your options and take the next steps. If you wish to discuss your situation or any issues raised in this blog our family solicitors are based in Wolverhampton, Cradley Heath and Sutton Coldfield and serve clients across the West Midlands.  For all new enquiries, please call 01902 328 355 or complete our online enquiry form and a member of our team will respond.