By Tasmin Sarai

Trainee Solicitor

Family Law

10 April 2026

Article Blog

The Family Court in England and Wales is undergoing a significant transformation in private family law, with a new child-focused approach set to be implemented nationwide. This reform marks a fundamental change in how disputes between parents are handled, placing the child’s welfare at the centre of proceedings rather than the competing positions of the parents, which often leads to delay and further animosity between the parties.

The Current Approach

The reform aims to respond to longstanding challenges within the existing system. At present, family proceedings are largely driven by parents presenting their own (often contrasting) accounts of events which the Court will likely have to adjudicate on.  Whilst the Court is required to consider the “ascertainable wishes and feelings of the child” at present, sometimes this is not prioritised or overtaken by the parent’s disputes and the Court’s adjudication of the same. This can shift the focus away from the child’s wellbeing, prolong proceedings, and increase the emotional strain on both parents and children.

These issues are intensified by the reductions in legal aid funding which have taken place over time in such family cases and an increase in litigants in person (i.e. parties who represent themselves in such cases rather than instruct a solicitor and/or a barrister). Research by the Nuffield Family Justice Observatory indicates that in 80% of such Court cases, at least one parent is a litigant in person. The absence of legal representation can contribute to delays and distress for families who are navigating the court process.

Child Focused Approach

The new model seeks to address these issues by restructuring the process from the outset. Before the first court hearing, a social worker from Cafcass will meet with the child and both parents, and prepare a report outlining the child’s wishes and feelings, their overall wellbeing, and the impact of the dispute on them. This contrasts with the current approach where the wishes and feelings of the child or children in question are likely to be assessed later in the process.

The change is designed to ensure that at the first hearing, the judge has a clear understanding of the child’s circumstances. The focus can then shift to determining what outcome is in the best interests of the child and how a resolution can be reached more efficiently. By prioritising the child from the beginning of the process, the approach aims to reduce delay, minimise trauma, and support better outcomes for families.

Rollout

The initiative has been piloted since 2022 in 10 areas, where cases were resolved up to seven and a half months faster. With £17 million government funding in place for the current financial year, the model is now being rolled out across England and Wales in phases as part of wider justice reforms, including efforts to address domestic abuse within the system.

The reforms have been widely welcomed. Supporters have emphasised that the approach will deliver faster and fairer decisions, ensure children’s voices are heard earlier, and improve protection and support for victims.

However, there are also concerns around whether the system will have the adequate resources. The Association of Lawyers for Children has highlighted the need for increased legal aid funding and greater investment in the court. In particular, Cafcass has indicated that it may require approximately 200 additional social workers to meet the demands of the new model.

Conclusion

This reform represents one of the most significant changes to the family justice system in recent decades. By placing children firmly at the centre of proceedings, it has the potential to reduce delays, minimise conflict, ensure children’s voices are heard, and improve outcomes. If you are currently dealing with a dispute about child arrangements and how these changes may affect your matter, please contact our specialist Family team who will be able to give you tailored advice.

Disclaimer: General Information Provided Only

Please note that the contents of this article are intended solely for general information purposes and should not be considered as legal advice. We cannot be held responsible for any loss resulting from actions or inactions taken based on this article.