Pathfinder in Private Law Children Proceedings: A Review of Recent Findings

Created: 1 June 2026

Most family law professionals instructed in private children matters will now have encountered the Pathfinder scheme in some form. While levels of direct experience vary, it has rapidly become one of the most significant developments in private law children proceedings in recent years.

Pathfinder was introduced following the Ministry of Justice report Assessing Risk of Harm to Children and Parents in Private Law Children Cases (June 2020). That report highlighted long-standing concerns within the family justice system, particularly around inconsistent information sharing, repeated court hearings, and the risk of re-traumatisation for vulnerable parties involved in domestic abuse cases.

In response, Pathfinder was designed as a more structured, early-intervention model aimed at improving case management in private law children proceedings. Since its initial rollout in a small number of pilot courts, it has expanded significantly and continues to evolve. More recently, the pilot has been extended to courts including Portsmouth, Southampton, the Isle of Wight, Winchester, Basingstoke, and Aldershot. A wider review is expected at the end of March to assess performance and inform a potential national rollout.

Core aims of Pathfinder

At its heart, Pathfinder has two primary objectives:

Improving the experience of domestic abuse victim-survivors -Earlier multi-agency involvement and better information sharing -Reduce the need to recount traumatic experiences repeatedly -Stronger focus on identifying and managing risk from the outset

Improving outcomes for children in private law proceedings -Earlier identification of children’s wishes and feelings (where appropriate) -Greater emphasis on the child’s voice in decision-making -More consistent, welfare-focused outcomes

To support these aims, the model introduces key procedural changes, including: -Early involvement of Cafcass from the point of a C100 application -Preparation of a Child Impact Report before the first hearing -Earlier safeguarding assessment and clearer risk identification -Increased support for domestic abuse services to assist victim-survivors throughout proceedings

Together, these changes aim to create a more proactive, informed, and child-focused system that reduces delay and improves consistency in decision-making.

Evidence, Experience and Emerging Themes from the Centre for Justice Innovation Report Pathfinder has been subject to ongoing review since its introduction. Early feedback has generally been positive, particularly from practitioners in pilot areas. At the Resolution Conference in May 2025, Sir Andrew McFarlane, President of the Family Division at that time, noted that domestic abuse professionals in pilot courts had reported Pathfinder to be more effective in protecting victims and children than previous approaches.

In January 2026, the Centre for Justice Innovation published Private Law Pathfinder Pilot: Understanding the Experience of Children and Families. The report drew on survey data from parents, carers, and some children in the Dorset and North Wales court areas. While not nationally representative, it provides useful insight into how the model is functioning in practice.

The research highlighted a mixed but informative picture:

Generally positive experiences with Cafcass -Viewed as supportive and attentive -Strong engagement with children’s voices

More mixed views of the judiciary -Lower levels of satisfaction with judges and magistrates -Concerns about how outcomes were communicated and understood

Domestic abuse concerns are not always fully addressed -Some participants felt allegations were minimised or not fully explored -Inconsistent experiences across agencies

Children’s voices are inconsistently reflected -Some families felt children were meaningfully heard -Others felt their views were not fully reflected in the final decisions

Improvements in process and efficiency -Cases generally progressed more quickly than under the Child Arrangements Programme -Better structure and clearer early-stage information gathering -Reduced re-traumatisation in some cases due to fewer repeated hearings

Ongoing concerns about outcomes and follow-up -Many parents expected further court involvement after the review stages -Uncertainty about the finality of decisions in some cases

Key themes and implications

Several broader themes emerged:

-Need for clearer communication about how Pathfinder operates in practice -Misalignment between system intentions and family understanding of the process -Inconsistent application of trauma-informed approaches -Continued sensitivity and variability in domestic abuse cases -Ongoing need to ensure children’s voices are consistently and meaningfully reflected

Pathfinder represents a significant shift in the management of private law children proceedings, with a stronger emphasis on early intervention, safeguarding, and multi-agency working. While early indications suggest improvements in efficiency and structure compared to the previous Child Arrangements Programme (CAP), experiences remain mixed in practice.

For family law professionals, the findings highlight the importance of:

-Early, thorough information gathering and case preparation -Clear client communication about the process and expectations -Close engagement with Cafcass and support services -Careful attention to safeguarding and emotional impact -Ensuring children’s wishes and feelings are properly represented

As highlighted by the Centre for Justice Innovation report, there are clear areas of progress alongside ongoing challenges, particularly around consistency, communication, and the handling of domestic abuse allegations.

For practitioners, the evolving nature of Pathfinder means continued adaptation is essential. Early engagement, trauma-informed practice, and robust safeguarding awareness are increasingly central to effective representation in children's matters.

As the forthcoming review approaches, it remains to be seen whether Pathfinder will be adopted nationally. However, it already signals a clear move towards a more structured, child-centered approach to family justice - one that prioritises earlier intervention and improved outcomes for families navigating often complex and sensitive proceedings.