Child focus is biggest change to family courts in 30 years, senior judge says

Child-Centered Reform in Family Courts Marks Major Shift in Legal Approach

The UK government’s backing of a child-centered initiative has drawn praise from its highest-ranking family court judge, who called it the most significant transformation in the system over the past three decades. Sir Andrew McFarlane, set to retire from his position, highlighted the shift as reversing the traditional method of handling disputes between parents. The new framework, introduced in 2022 as a pilot, spans ten regions and aims for a nationwide rollout within three years.

Legal aid cuts have forced many parents to represent themselves in court, often leading to protracted battles. A study by the Nuffield Family Justice Observatory found that in 80% of cases, at least one parent acts without legal representation. This has extended proceedings, with some lasting years, and placed emotional strain on families. The Child Focused Court initiative seeks to address these challenges by centering decisions on the child’s well-being from the outset.

Reimagining Court Processes

Previously, parents presented their own narratives to judges. Now, the new model integrates Cafcass social workers early, who assess the child’s needs and gather insights before the case reaches court. Sir Andrew emphasized this as a departure from previous practices, stating:

“The judge will say, is this what’s going on? Well, look at the impact on your child of what you two are doing. What are we going to do to make things better? What are we going to do in the future for this child?”

The change emphasizes collaborative problem-solving, requiring more resources, particularly for Cafcass. The organization has projected a need for 200 additional social workers to support the initiative. Initial funding of £17 million for the first year has been approved, with the government pledging further support as the scheme expands to all 43 court centers.

Justice Minister Baroness Levitt KC noted that the pilot areas have already seen results, including a reduction in case backlogs and faster resolutions. She added that the system ensures children’s voices are considered, making them feel more heard. Dame Nicole Jacobs, Domestic Abuse Commissioner, welcomed the focus on children and adult survivors, stating the government had “heard the calls” for a justice system that prioritizes safety and understanding of domestic abuse.

While the Association of Lawyers for Children supported the rollout, it cautioned that the model’s success depends on broader reforms and sustained funding for legal aid and Cafcass. Sir Andrew, likening his role to that of a trauma surgeon, described the challenge of balancing empathy with objectivity:

“You’ve got to be emotionally connected enough to understand what’s going on, but protected so that you aren’t drawn in to the emotional fallout yourself.”