A government review has led to parents and children experiencing shorter family court hearings, which is seen as a positive development by a minister. The Ministry of Justice implemented a pilot scheme in certain courts to reduce delays and provide better support for victims of domestic abuse, resulting in a decrease in the average duration of cases from 29 weeks to 18. Minister for violence against women and girls, Alex Davies-Jones MP, acknowledged the impact of the scheme in enhancing the family courts’ understanding of domestic abuse. However, concerns have been raised by some parents who have gone through the family courts under the pilot scheme.
In cases where parents are unable to reach an agreement on sharing caring responsibilities after separation, they resort to the family court for resolution. Family courts handle a range of issues including determining living arrangements for children, organizing holidays, and deciding on schooling. These courts are also involved in care proceedings when a local authority perceives that a child may be at risk of harm. Every year, around 46,000 private family law cases are heard in England and Wales. The ‘Pathfinder’ pilot scheme was launched in select family court proceedings in 2022 following a review of the family justice system which highlighted instances of unsafe child arrangements and disregarded abuse allegations.
North Wales and Dorset were the initial pilot areas for the scheme, which was later expanded to cover all of Wales, Birmingham, and West Yorkshire. An evaluation of the pilot areas found that reducing time in court was beneficial for families and the court system, and emphasized the importance of centering the child’s voice in proceedings. Both resourcing and staffing posed challenges within the pilot areas. Domestic Abuse Commissioner Dame Nicole Jacobs advocated for the full implementation of the scheme across all family courts in England and Wales based on the evaluation findings.
The new transparency rules now allow journalists to request reporting from family courts, provided they keep details anonymous. BBC News followed a case at Cardiff Family Court where domestic abuse allegations were a focal point, demonstrating the value of the Pathfinder in identifying claims early in the process. The case emphasized the significance of recommendations for contact if abuse allegations are substantiated. Despite the support provided, the emotional toll on the mother was significant, and the process was described as exhausting. Another parent involved in the Pathfinder pilot criticized the process for failing to recognize abuse and prolonging the case unnecessarily. Although most experiences under the scheme have been positive, there have been instances where individuals have not had a good experience, prompting a review to identify areas for improvement. Lord Ponsonby, Minister for Family Courts, affirmed the continued rollout of Pathfinder nationwide, with frontline staff reporting increased safety for survivors and enhanced prioritization and protection for children
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