Background and Purpose
In March 2022, the Pathfinder pilot scheme was launched in select family courts in Dorset and North Wales. The goal was to improve communication between various services such as police, local authorities, and courts. This initiative followed a review that highlighted how adversarial processes in the family justice system could exacerbate conflict between parents, retraumatize abuse victims, and impact children negatively.
One key aspect of the Pathfinder pilot is to facilitate the sharing of crucial information from local domestic abuse authorities with the courts. This approach aims to spare abuse victims from the distressing task of recounting their experiences multiple times.
Furthermore, the pilot sought to ensure that children are given a voice throughout the family justice process during their parents’ separation. Children were to have more opportunities to express their feelings, desires, and provide feedback on the effectiveness of court orders if issued.
How the Pathfinder Pilot works
The Pathfinder pilot was initially implemented in Bournemouth, Weymouth, Caernarfon, Mold, Prestatyn, and Wrexham.
The pilot model involves conducting more thorough initial investigations by Cafcass, an independent entity that advises family courts on child safety in legal proceedings. In many cases, this includes speaking with children involved in the cases before the first hearing.
Moreover, the pilot introduced enhanced collaboration between agencies like domestic abuse organizations, mediation specialists, and the courts to better serve families.
The process includes:
- An early ‘gatekeeping’ hearing to assess the information
- Cafcass investigating welfare issues and exploring alternative dispute resolution to avoid court hearings
- Cafcass directly engaging with families to identify those at risk of domestic abuse
- If appropriate, Cafcass speaks with children early on to understand their feelings and wishes
The aim is to help families avoid court proceedings altogether or find resolutions at the first hearing, with judges reviewing all information and requesting additional documentation if needed.
The pilot focuses on fostering a less adversarial environment, keeping conflicts out of courtrooms, and prioritizing the investigation of issues like domestic abuse allegations.
The Future of the Pilot
The initial phase of the pilot concluded in February 2024, with plans to expand to Birmingham and South-East Wales before a nationwide rollout.
Phase 2 is scheduled to launch in May 2024.
Stowe Family Law Partner Rachel Fisher commented on the pilot extension:
“It is an exciting development to witness the expansion of the Pathfinder Pilot, with positive feedback following Phase 1. This streamlined process benefits children at the heart of disputes, aiming to minimize trauma for children and victims of domestic abuse. The extension will allow more families to benefit from the collaborative approach of the pilot.”
The government also announced an upcoming pilot in summer 2024, providing publicly funded early legal advice for parents. This initiative aims to assist parents in making informed decisions concerning their children during separations, potentially resolving disputes without court intervention.”
The Pathfinder pilot will remain crucial for cases that do proceed to court.