Pathfinder: Putting People at the Heart of the Family Court

For many families, entering the family court system can feel confusing, intimidating and emotionally draining. When there are concerns about domestic abuse or a child’s safety, the process can become even more overwhelming. The Pathfinder Scheme was created to change this experience. Its purpose is simple but important: to make sure families feel heard, understood, and protected at every stage.

What Is the Pathfinder Scheme?

Pathfinder is a pilot scheme launched by the Ministry of Justice following the 2020 Harm Panel Report. It was developed as a more supportive and efficient alternative to the traditional Child Arrangements Programme, which often relied on multiple court hearings to gather information.

Rather than a lengthy adversarial process, Pathfinder focuses on early identification of risk, such as safeguarding, ensuring the child’s voice is heard, problem-solving, and informed decision-making. Key agencies share information at the very start of the case, giving the court a clear picture of the family’s circumstances from day one. This is especially important where there are allegations of domestic abuse or safeguarding concerns.

By reducing repetitive court hearings and encouraging a less confrontational approach, Pathfinder aims to help families reach safer, quicker, and better-informed outcomes for both children and parents in pilot areas.

Before Your Case Starts

Before applying to the family court, most people must attend a Mediation Information and Assessment Meeting (“MIAM”) unless they qualify for an exemption, such as cases involving domestic abuse or urgent risk.

A MIAM is usually a one-hour meeting with an accredited, independent mediator, and it is typically held separately from your former partner. During the meeting, the mediator explains the family court process, discusses non-court dispute resolution options, and considers child arrangements, finances, and individual circumstances. If mediation is not suitable, the mediator will issue an MIAM certificate, which is required before submitting a court application.

How to Officially Start Your Case

To begin your case, you must complete the correct court form, usually a C100 or C79, inform the court of any risk of harm, and pay the court fee or apply for a fee exemption.

Once your application is submitted either online or by post, the court issues it and sends copies to the other parent and to Cafcass or Cafcass Cymru.

Keeping Information Confidential

If you apply online, you can tick the box asking the court to keep your contact details confidential, which is especially important in cases involving risk from the other party. If you apply by post, you must complete a C8 form. This ensures your address or phone number does not appear on any other form, so this information is not shared with the other parent.

If you receive a paper application from the other parent, you must complete the C7 response form within ten days. If you have concerns about harm, you should also complete a C1A form. For online applications, instructions are usually provided by email or letter.

What Happens After the Application Is Issued?

Once the application is filed, a case progression officer may contact you to explain the next steps. The court then sends the case to Cafcass, Cafcass Cymru, or the local authority.

A Child Impact Report is prepared to help the court fully understand the family’s situation. If the case is urgent, the court will deal with it before it proceeds through the Pathfinder process.

The Child Impact Report Stage (prepared by CAFCASS)

This stage is central to the Pathfinder approach. It involves speaking to both parents and, depending on age and understanding, speaking to the child, usually without parents present. It also includes checks with the police and social services, contact with professionals such as GPs, teachers, and domestic abuse support workers, and the completion of risk assessments to identify any risk of harm.

The report focuses on the child’s wishes, feelings and needs, giving the court a clearer understanding of their situation. It may suggest interim arrangements to keep the child safe, a fact-finding hearing to address allegations or provide support such as parenting courses and SPIP. It can also recommend protective steps or limits on further applications. This helps the court decide what should happen next to safeguard the child and support the family.

Final Stage: The Decision Hearing

The final stage is the decision hearing, where the court considers all the information gathered. Cafcass and other agencies may provide input alongside the child’s wishes and feelings.

Based largely on the Child Impact Report, the court may make final Child Arrangements Orders setting out who the child lives with and spends time with, Specific Issue Orders relating to matters such as schooling or medical decisions or Prohibited Steps Orders preventing certain actions by a parent. The court may also vary existing orders where necessary.

For more information, we can advise on family matters here at BULAC. If you would like an appointment, please call 01248 388411 or email bulac@bangor.ac.uk