Court of Appeal publishes first judgment on new Child Focused Courts

The President of the Family Division has dismissed an appeal against a child arrangements order made under the new ‘Child Focused Courts’ (CFC) model. But comments on the importance of carefully considering domestic abuse and ensuring fair processes are maintained in the implementation of the model.

The mother argued that the court had overlooked post-separation abuse and departed from Cafcass recommendations. She also stated that the judge had used the CFC model to limit her ability to present her case.

This is the Court of Appeal’s first opportunity to comment on the CFC model. Rights of Women intervened to highlight some of the concerns we are seeing in practice. The CFC model has improved early information and enabled more children to be heard. However, its purpose must remain at the heart of implementation if it is not to become a missed opportunity, namely, replacing a pro-contact culture with a culture of safety for adult and child survivors of domestic abuse.

The CFC model has significantly reduced the time taken to reach decisions, but this must never be at the expense of fairness. Some survivors report being rushed or denied enough time to prepare for hearings and explain their views. In some cases, judges are deciding what order to make based solely on the papers, without a hearing.

We welcome the President’s recognition that the model “places a premium on judicial clarity in identifying the issues, explaining the purpose of any enquiry, and ensuring that the parties have a fair opportunity to participate effectively in the decision-making process.”

The appeal raises other issues about the reliance on limited admissions of domestic abuse as a way to avoid a fact-finding hearing that may result in more extensive findings against a parent. Rights of Women raised that it is important for the court not to treat admissions as a ‘tick box’ exercise and to properly scrutinise whether they really reflect the potential harm caused. The President commented about the interventions from Rights of Women, Cafcass and Cafcass Cymru:

All emphasise the continuing importance of recognising and properly analysing domestic abuse, particularly coercive and controlling behaviour. All recognise that not every allegation requires a separate fact-finding hearing. All stress that the court must remain alert to the possibility that limited admissions or an incomplete factual picture may be insufficient to support an accurate assessment of risk or a safe welfare outcome. I accept the submission of RoW that judges and magistrates should satisfy themselves that any agreement is genuine and informed.

Sadly, the mother’s appeal was unsuccessful. The President did not take the opportunity to comment on the insidious nature of post-separation abuse and misuse of court processes as a mechanism of abuse. The CFC model is intended to reduce the avenues through which the court can be used as a mechanism of post-separation abuse but it will only succeed if professionals recognise the lasting impact of abuse, hear survivors fully and ensure they are able to take part in the process.

Rights of Women is grateful for the pro bono representation provided by Baroness Barbara Mills KC and Charlotte Baker of 4pb and Rebecca Pantelli of Beck Fitzgerald Solicitors.

Notes

The judgment is available: Re C (Child Arrangements Orders; Domestic Abuse; Child Focused Court) [2026] EWCA Civ 1216

The Child Focused Courts, previously called the Pathfinder Court, is a new model for processing applications in relation to children in the Family Court. It replaces the previous process, called the Child Arrangements Programme (‘CAP’). This reform flows from damning findings of the Harm Report, published by the Ministry of Justice in June 2020 which found that the Family Court was making orders that were harmful to adult and child survivors of domestic abuse.

It is currently in place across the whole of Wales and is being rolled out across England. The Government has committed to implementation of the model across the whole of England over the coming months and years.

The Child Focused Courts model introduces significantly improved collection and provision of information early in the case with Cafcass producing a more detailed and thorough report before any hearing. Cafcass have also increased the number of children they speak to at the start of the case. Domestic abuse services are commissioned to provide crucial information to Cafcass and the court about risk and provide support for survivors of domestic abuse.

The Ministry of Justice has published two evaluations. A process evaluation and financial analysis which found both benefits and challenges to the further roll-out of the model and an evaluation with children and families. The children and families evaluation found positives in the model as well as areas of concern and recommendations for further improvement, in particular, the balance between reducing unnecessary delay and providing survivors of domestic abuse with enough time to reflect on recommendations and ensure their voices are heard was highlighted.

Domestic abuse is the everyday business of the Family Court. Research published by the Domestic Abuse Commissioner for England and Wales found evidence of domestic abuse within 73% of hearings it observed and in 87% of the case files it reviewed in the three court sites covered. Despite this prevalence, domestic abuse was frequently not recognised as an ‘active issue’ or taken seriously with regards to the type of contact children would go on to have with the abusive parent. In more than half of the cases reviewed by the Commissioner, unsupervised overnight contact was ordered.