Child Focus is Biggest Change to Family Courts in 30 Years, Senior Judge Says

The government’s endorsement of a revamped “child-centric” model for family court disputes has been praised by its top judicial figure, who calls it the most significant shift in three decades. Sir Andrew McFarlane, retiring from his role, highlighted how the reform flips the traditional courtroom dynamic. Piloted in 2022, the initiative spans 10 regions and aims to roll out across all 43 court centers in England and Wales over the next three years, impacting thousands of families involved in custody battles.

A Shift in Judicial Focus

Previously, parents in court cases presented their own narratives, often without legal representation due to budget cuts. This led to a situation where over 80% of cases featured at least one parent acting as their own advocate. As a result, proceedings frequently dragged on for years, causing emotional strain for both parents and children. The new system seeks to address this by prioritizing the child’s experience.

“The judge will say, is this what’s going on? Well, look at the impact on your child of what you two are doing,” Sir Andrew explained. “What are we going to do to make things better? What are we going to do in the future for this child? So it’s a very different approach, a problem-solving approach, that requires more resources, particularly from CAFCASS.”

Before hearings begin, CAFCASS social workers will engage with the child and both parents, offering insights to guide the judge’s initial decisions. The service has estimated it needs 200 additional staff to handle the new process, expressing optimism about the £17m allocated for the first year. They plan to highlight further needs as the scheme expands.

Government Commitment and Early Success

Justice Minister Baroness Levitt KC emphasized that the system has already “halved backlogs and resolved cases months faster” in pilot areas. She added that it ensures “support comes earlier when it is needed most” and “more children feel heard.” The expansion, covering all court centers, is expected to deliver quicker justice while addressing the prolonged stress on families.

Meanwhile, the Domestic Abuse Commissioner, Dame Nicole Jacobs, welcomed the focus on children’s voices, noting that the reform responds to “calls from both children and adult victims” for a justice system that “truly understands domestic abuse” and “prioritises their safety.”

Challenges and Future Reforms

While the Association of Lawyers for Children supports the rollout, it cautioned that the model might not achieve “genuinely transformative change” without “wider reform” and sufficient funding for legal aid and CAFCASS. Sir Andrew, likening family judges to trauma surgeons, described the role as balancing “emotional connection” with “protection from the fallout.” He remains confident the approach can succeed nationwide, though training will be essential.