Contact Disputes – Times are changing…

When a relationship breaks down the list of arrangements to be made can be long. If you have children, arguably the most important of those arrangements will be how the children spend their time with each parent. Will they split their time equally between parents? How will important occasions like Christmas and birthdays be approached? What will be the arrangements during the school holidays?

Making such arrangements with a partner from whom you are separating can be tough, and if agreement proves impossible, a court application can be made, and a Judge will decide for you. However, following criticism of how the courts in England and Wales approach proceedings involving arrangements for children at the current time, an overhaul of how the system works is underway.

What is changing

The “Pathfinder” Pilot Scheme was first pioneered in February 2022 and has gradually been adopted in courts throughout the country since.  It is now to be extended to all courts in England and Wales and so is likely to start to be used in your local court in the next few months.

No longer being referred to as “Pathfinder” the labels now being used for the new system is “the Child Focussed Court” or “the Child Focussed Model.” At the heart of the changes is to stop victims of domestic abuse feeling unsupported and disbelieved, change the focus away from the adults, to concentrate on the children’s needs and to make the process more efficient.

What is the new approach

The new approach is a front-loaded one and there is a presumption that the child or children will be involved at the very start of the proceedings. The court will consider the granular detail of an application on issue and has the power to be making orders at that point “on the papers” – i.e. without hearing from the parties in person. The emphasis at the outset is on a less adversarial approach where parents are encouraged to reach agreement rather than fight it out before a judge. The “Child Impact Report” – a document outlining what the designated case officer makes of the initial information gathering and what the arrangements for the children should be – shall be delivered early in the proceedings and is likely to be of huge importance in the case.

Is it working and reducing contact disputes?

So is the new “Child Focussed Court” actually proving any different to what went before and is it reducing contact disputes? In short, yes. Whilst there are regional variations in approach, it seems that the efficiency with which cases are dealt with is proving something of a surprise. Historically, it would not be unusual for a private family case to take 12 – 18 months to reach a conclusion. Under the new system, the expectation would be for a simple case to take between 8 – 10 weeks. Is that timescale being delivered on the ground, in reality? At the moment yes, we hear that it is, which is really quite a turnaround.

But is speed in such delicate and important family matters everything? Criticisms of the new system are that decisions are being made too brusquely and without proper consideration of all the issues, so that the justice delivered can feel somewhat “rough.” Others refer to what feels like aggressive case management, where parties are called into court at a moment’s notice with no regard for other commitments.  Some report an extremely intense process over a very short period, which concludes with an order which ultimately does not work for their family anyway and which means their only recourse is to make a fresh application to the court. There is also concern that the new system will place unrealistic demands on already stretched court staff.

How Tollers can help

The new process means parents should have absolute clarity about whether a court application is the correct way to proceed, and if so, what the court is being asked to do and why, before an application is issued and conversations take place with key organisations like CAFCASS. Early, bespoke and detailed legal advice is key.

The Family Team at Tollers has extensive expertise in arrangements for children following relationship breakdown and the changes afoot and can assist you to avoid Contact disputes.  To arrange an appointment to discuss your specific circumstances, which is always recommended… Talk to Tollers on 01604 258558.