The Pathfinder Pilot process was established in 2022 and has since been rolled out in courts across England and Wales. We have the Pathfinder pilot in some court throughout South-East Wales.
The purpose of the new process is to attempt to improve the focus of the family court, avoid unnecessary ‘court time’ and to reduce conflict between parents.
Once an application has been issued, the court will list at least two gatekeeping hearings without either party having to attend. The first hearing will take place within 24 hours of an application being received by the court. No parties are required to attend this hearing. Here, the court will direct the Children and Family Court Advisory and Support Service (CAFCASS) to prepare a Child Impact Report to consider whether there are any issues which may require an urgent hearing.
The Child Impact Report will take approximately 6 weeks to complete. As part of the report, the CAFCASS officer will consider safeguarding information arising from their checks with the Local Authority and the police, if necessary. The report will outline the areas of agreement and disagreement with a focus on what the CAFCASS officer recommends in respect of progress for the future.
Once the court has received the Child Impact Report, the court will list a second gatekeeping hearing, which no parties are required to attend. At this hearing, the court will allocate the case to the ‘Adjudication Track’ (where a determination hearing is likely to be listed where both parties’ attendance is required) or the ‘Case Management Track’ (where a filter hearing is likely to be listed to deal with any allegations raised).
If the case is allocated to the ‘Adjudication Track’, there can be short evidence given or just oral statements by all parties. At this stage, if the Judge deems it appropriate, a final order can be made.
If the case is allocated to the ‘Case Management Track’, the Judge will list directions for a fact-finding hearing and a date for the final hearing. The purpose of the fact-finding hearing is for the Judge to be presented with all the evidence and make a decision on the issues in question. At the final hearing, the Judge will listen to any final evidence and issue a final order. The court will take steps to consider how the decisions made by the Court should be communicated to the child.
The final stage of the new process is the Review Stage. The parties, including the child when appropriate, are contacted to find out how the order is working for them. Follow-up support is available once an order has been made. The Review stage normally takes place between 3 and 12 months from the date of the order.
If you have any queries about Child Arrangement Orders, the new process or the information provided above, please do not hesitate to contact our experienced Family Law Team on 02920 470909 (Cardiff office), 01633 213411 (Newport office) or 01873 857555 (Abergavenny office).