What is Pathfinder?
Pathfinder is a new process to be introduced and tested in some Courts in England and Wales. It is extending to South Wales which will offer a new approach to dealing with cases of disputes between parents regarding arrangements for children.
The Courts will initially be assessing each case on the written evidence that is presented in the Court application and response documents. These include Court documents such C100, C1A and C7 forms. Cases will be allocated to the relevant and proportionate path from considering the written documents.
When will it start in South Wales?
29th April 2024. However this does not apply to all court applications as it also depends on what Court is dealing with your case.
What must you do when bringing an application under Pathfinder?
Getting the application right from the start is key. This will form the basis of your case and will determine not only how a case is to be dealt with by the Court, but the likelihood of success. It is advisable that advice from a family law lawyer is secured early on.
What are the main objectives of the Pathfinder?
- Improving the Family Court experience.
- Delivering more efficient court processes.
- Reducing the re-traumatisation of domestic abuse victims.
- Reducing the number of returning cases by ensuring a more suitable initial court order.
- Adopting a multi-agency approach.
What are some of the key features of Pathfinder?
Pathfinder will have an investigative approach from the outset to enable the court to set out a clear path. Work will be front-loaded by gathering as much information as possible at the beginning stages, such as through a Child Impact Report. The focus will be on the voice of the child and taking their wishes and feelings into consideration. There will also be less Fact-Find Hearings and gathering of documents that may not necessarily be relevant or proportionate.
A Case Progression Officer will be allocated and will play a vital role in assisting litigants in person. There will also be more frequent and earlier engagement with local domestic abuse agencies to help streamline the information shared and improve the safety of victims.
Pathfinder acknowledges that parental separation can be distressing and confusing for children. Good communication and access to information is key to supporting children to understand things better. It is also crucial to ensure that children feel heard and understood. The Pathfinder process will aim to ensure that children feel listened to.
It is important when making an application to court under Pathfinder to give as much information as possible. Equally, if you are responding to an application, it is important to provide as much information as possible in your first response document. This is because a Final Order could be made much earlier in the process under Pathfinder.
What will the Pathfinder process look like?
The initial gatekeeping will take place within 24 hours of the application being received by the court, the matter will then be allocated and a Child Impact Report (CIR) will be directed to be filed within 6 weeks. It will be assessed whether the matter must be listed for an urgent hearing or whether a without notice hearing is required and listed accordingly.
The second gatekeeping will take place at week 7 where the matter will be allocated to either the Adjudication track or the Case Management track. The allocation of a case will change how the process looks from here.
What is a Child Impact Report (CIR)?
A Child Impact Report is report that will set out what is agreed between the parties and what is not agreed, it will set out the information gather from various parties and professionals and offer recommendations.
There will be a focus within the report and throughout the process on the voice of the child. Most of the reports within South Wales will be conducted by Cafcass or the relevant Local Authority.
What will happen to matters that are already before court?
They will continue on the path that they are already on until they conclude.
At hpjv Solicitors we have family lawyers experienced in dealing with Children cases. The changes brought by Pathfinder suggest that seeking out early legal advice is more important than before. It is essential that a Court application is prepared accurately to ensure the best possible outcome. If you are served with notice of a Court application that you disagree with and want to challenge, it is equally important to respond to it as swiftly as possible and with accuracy, to give the best chance of being heard by the Court on all vital matters.
If you find yourself in a dispute over arrangements for your children, please contact our team who will be happy to offer a free initial appointment - Contact us - hpjv solicitors in South Wales
