Putting children at the centre of family court: will it work in practice?

Recent focus on placing children more firmly at the centre of family court proceedings reflects a growing awareness of the pressures children face. While the intention is clearly the right one, the key question is how this approach will work in practice within an already stretched system.

The reality of an already stretched system

While the intention is clearly positive, the practical reality is more complex.

In practice, we are already seeing the impact of pressure on the family courts, with delays remaining a consistent issue. Recent statistics show that private law children cases can still take many months to conclude.

Increased reliance on early CAFCASS involvement raises an important question as to whether the system currently has the capacity to deliver this effectively.

• There are already recognised pressures on CAFCASS resources
• Recruitment and training of Family Court Advisers takes time
• Additional demand risks placing further strain on an already stretched service

Without a corresponding increase in capacity, there is a real risk that these changes could extend timescales rather than reduce them.

A welcome focus on children’s welfare

The emphasis on children’s welfare is not new. It has always been central to decision-making under the Children Act 1989.

What is changing is the expectation that children’s experiences and views are considered earlier, often through increased involvement from CAFCASS at the outset of proceedings.

In principle, this is a positive development. Earlier insight into a child’s day to day experience can help inform better decision-making and, in some cases, avoid unnecessary escalation.

Funding and long-term sustainability

Any meaningful reform requires sustained investment.

Short-term funding may assist in introducing new processes, but long-term improvement depends on consistent resourcing across both CAFCASS and the wider court system.

Without that, there is a risk that expectations increase without the infrastructure needed to support them.

The risk of unintended consequences

There is also a need to consider how these changes are experienced by children themselves.

While it is important that children’s voices are heard, there is a careful balance to be struck. Greater emphasis on obtaining those views at an earlier stage can, in some cases, place additional pressure on children who are already navigating a difficult situation.

In practice, this can result in:

• Children becoming more directly involved in parental disagreements
• A risk of influence, whether intentional or otherwise, from one or both parents
• Increased pressure on children to express and justify their views

There is also a concern that, in some cases, children may be coached on what to say to professionals. This risks undermining the purpose of the process and may place children in the middle of ongoing conflict.

The aim must always be to support children, not to place them in the position of decision-maker.

What works in practice

Improving outcomes for children does not always depend on structural reform. In many cases, progress is achieved through early, practical intervention and a clear focus on reducing conflict.

From a practical perspective, this can include:

• Encouraging early resolution
  Mediation and solicitor-led negotiation can help reduce delay and minimise the impact on children
• Targeted use of CAFCASS involvement
  Focusing resources where they are most needed helps maintain quality and avoid unnecessary delay
• Clear and consistent judicial direction
  Early case management can help narrow issues and prevent escalation
• Supporting parents to focus on the child
  Many disputes arise from differing approaches to routines, boundaries, and day to day care. A practical focus on the child’s experience is often more effective than formal intervention
• Maintaining a balanced approach
  Not every disagreement requires court proceedings. Keeping matters proportionate helps reduce stress for families and avoid unnecessary delay

Well-intentioned reform will only succeed if it reflects the realities of the system it is being introduced into.

Get in touch

If you are involved in a dispute concerning arrangements for your child, please contact me, Belinda Strange, and my team by email at familylaw@attwaters.co.uk or by telephone on 0330 221 8855.

We take a pragmatic and supportive approach, helping you find proportionate, child-focused solutions, whether through negotiation or, where necessary, court proceedings.