Changing justice, giving children votes in the Family Court – in HMCTS

[English] – [Cymraeg]

Disputes among families can be some of the most challenging problems heard in court. When people are pitted with each other, it may be difficult to remember what is best for children. For victims of the court process of domestic violence can add stress at a traumatic time.

What is Pathfinder?

My court in Wales is part of the Pathfinder family pilot launched in 2022. New ways to work encourages a non-tremary approach, outside the court to resolve disputes about making arrangements for children. We do this by uniting all the institutions involved in the application at the beginning of the process to ensure the court has the information needed to achieve the decision as soon as possible. This prioritizes children and families and means that applications are managed more effectively in line with recommendations issued by private legal advisors in 2020.

How does Pathfinder work to support the family, children and victims?

When the application is made in the pathfinder area in Wales, Cafcass Cymru or local authority starts the investigation and assessment phase. Protection information is collected, and for applications where harassment in the household becomes a problem, domestic harassment agents support pathfinder making assessments. Cafcass meets children to explore their views and then with parties (which are usually parents) to discuss children’s views and help solve differences.

In this initial stage, children were asked about their preferences regarding the trial, for example they were asked whether they wanted to meet the judge, accept the court decision through letters, or informed by parents. The information was added to the impact report of the child submitted within six weeks, providing information and recommendations to complete the application.

Before the first trial, judges or legal advisers reviewed this case to ensure the court had all the information needed to make decisions at the first trial. Working this way can help us resolve cases quickly, before the pathfinder, it takes at least 24 weeks and two audiences to gather the information needed to make decisions. Bringing everyone involved in the previous joint application means we gather the information needed more efficiently and sometimes the problem is resolved without the need for a trial.

What happens if a case reaches a trial?

Of course, there are times when the trial is the only way to resolve disputes and we now have case development officers to ensure the parties are involved and understand and follow the court orders.

When an audience is needed, there is no more “win or losing” approach. Conversely, judges or judges lead the discussion to help parents explore options, solve their own problems and reach solutions. A more complex case, such as those involving harassment in the household, managed and handled by cases in the right way to ensure safe results for everyone.

Work together to improve results

So why did Pathfinder succeed? A holistic approach is needed and focuses information gathering at the beginning of the process so that the decision can be made at the earliest opportunity.

The agency collaborates to provide information, often in a challenging time span and parents are supported to focus on their children and stay away from problems that contribute to their relationship disorders. This is an important change and is the key to whether a case can be resolved, it prevents further conflict between separating partners and reducing additional trauma for domestic violence survivors.

The commitment and dedication of the professionals involved in the pathfinder has reduced the average time to complete the application of private law from 29 weeks in 12 months to February 2022 to average 18 weeks in 12 months until November 2024 in North Wales which is more better for all the person involved. I am proud to work in the Pathfinder court and hope to see other family courts following in our footsteps.

[English] – [Cymraeg]

Family disputes can be one of the most challenging problems that can be found in court. When people have their respective throats, it might be difficult to remember what is best for children. In the context of victims of domestic violence, court cases can add stress to a traumatic situation.

What is the pathfinder?

My court in Wales is part of the pilot pathfinder launched in 2022. The new way of working encourages an approach that does not copy, outside the court to resolve disputes about making arrangements for children. We do this by uniting all the institutions involved at the beginning of the process to ensure that the court has the information they need to achieve the decision as soon as possible. This prioritizes children and families and means that the application is managed more effectively in accordance with the recommendations issued by the Private Legal Advisory Group in 2020.

How does Pathfinder work to support the family, children and victims?

When the application is made in the pathfinder area in Wales, Cafcass Cymru begins in the research and assessment phase. Protection information is collected, and in applications where harassment in the household is a problem, domestic harassment agents that support the pathfinder will make an assessment. Cafcass met the child for their views and then met with the parties (usually parents) to discuss the children’s views and help resolve their differences.

During this initial stage, children were asked about what they like in connection with these cases, for example, they were asked whether they wanted to meet the judge, to get a court decision in a letter by post, or notified by parents of parents. The information will be added to the impact report on children who will be submitted within six weeks, which will provide information and recommendations to complete the application.

Before the first trial, judges or legal advisers will review this case to ensure that the court has all the information he needs to make a decision at the first trial. Working like this can help us resolve the case quickly, before sending a pathfinder, it takes at least 24 weeks and two audiences to gather the information needed to make decisions. Uniting everyone who was involved previously means that we gather the information we need more efficiently and problems are sometimes resolved without the need to hear.

What will happen if a case until the trial?

Of course, there are times when the trial is the only way to resolve disputes and we now have a case progress officer to ensure that the parties are involved and understand and follow the court order requirements.

When the trial is needed, there is no more opponent’s method of “winning or losing”. Conversely, judges or judges lead the discussion to help parents explore options, solve their own problems and become a solution. More complex cases, such as those involved in harassment in the household, are managed and treated in the right way to achieve safe results for everyone.

Work together to increase results

Why is Pathfinder so successful? A holistic approach is needed and focuses on gathering information at the beginning of the process so that the decision can be made as soon as possible.

The agency works together to provide information, often in challenging time spans and parents are supported to focus on their children and stay away from problems that contribute to the destruction of their relationship. This is an important change and is the key to seeing whether a case can be resolved, this prevents further conflict between separate couples and reduces additional trauma for the survivors of harassment in the household.

The commitment and service of the professionals involved in the pathfinder has reduced the average time to complete the application of private law from 29 weeks in 12 months to February 2022 to be 18 weeks in 12 months until November 2024 in North Wales, which is much better for all participants. I like to work at Pathfinder and hope to see other family courts following the same route.