Child focus is biggest change to family courts in 30 years, senior judge says
Child-Centered Shift in Family Courts Marks a Major Transformation
The UK government’s endorsement of a new “child-focused” model for resolving family disputes has sparked praise from its top family court judge, who called it the most significant shift in the system in three decades. Sir Andrew McFarlane, set to retire this week, highlighted how the approach redefines traditional courtroom dynamics. Previously, parents presented their own narratives, but the new system prioritizes the child’s perspective from the outset.
Expanded Initiative with Pilot Success
Since 2022, a pilot program has been testing the child-centered method across 10 regions, with plans to roll it out nationally over the next three years. This change affects thousands of parents in England and Wales, particularly as legal aid cuts have led to more individuals representing themselves in court. Recent data from the Nuffield Family Justice Observatory reveals that 80% of cases involve at least one parent acting as a litigant in person.
“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.”
Under the revised process, Cafcass social workers will engage with children and parents before cases reach the court. Judges will review these reports early, shifting focus from conflicting parental accounts to the child’s well-being. The BBC is tracking a case where a six-year-old girl has been central to a prolonged dispute, with her wishes only recently incorporated through a Cafcass representative.
Efforts to Streamline and Support Families
Justice Minister Baroness Levitt KC emphasized that the reform aims to shorten proceedings, reduce delays, and ensure children’s voices are prioritized. The pilot areas have already seen a reduction in backlogs, with cases resolved faster and more children feeling represented. Meanwhile, the Domestic Abuse Commissioner, Dame Nicole Jacobs, praised the government for addressing concerns from both children and adult survivors of domestic abuse.
CAFCASS has outlined the need for 200 additional social workers to handle the expanded initiative. It expressed optimism about the initial £17m funding but warned that further resources will be essential for sustained progress. Sir Andrew noted that while the transition to nationwide adoption is feasible, training staff and advisers will take time. He likened the role of a family judge to that of a trauma surgeon, stressing the balance between empathy and emotional resilience required in the job.
Challenges Ahead for Full Implementation
The Association of Lawyers for Children welcomed the policy but cautioned that true transformation depends on broader reforms. They urged additional funding for legal aid and Cafcass to address systemic under-resourcing. As the most senior family judge, Sir Andrew has navigated countless complex decisions, often weighing emotional stakes against legal outcomes. He described the role as walking a fine line between personal connection and professional detachment.