How to run a case in a Child Focused Court
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What is the purpose of child‑focused courts and how do they differ from the CAP system?
The survey from resolution also noted for victim survivors that they felt that actually having the proceedings concluded more swiftly meant that it reduced ongoing stress for them and also the exposure that litigation abuse can bring. So I think there are positives and there are some things that maybe need to be tweaked.
I think there needs to be more clarity on how cases will be triaged and what factors will be taken into consideration when determining whether a case is fit for a decision hearing or needs to go down the adjudication path. And if the adjudication part, what that should mean in practice, I think the more guidance we have on the particularities, the better the system will function.
Welcome to the Resolution Podcast with me, Anita Meta. And me, Simon Blake. This is the final episode in our fifth season and what a season it has been. I've learnt so much from all of our fantastic guests, and I think I even managed to squeeze a few words in on the joint episode with Law and Disorder. Anyone who has a children practice is now in the process of converting to or worrying about how to convert to child focused courts. So we thought it was only appropriate to finish the season with a podcast about how to run a case in a child focused court. We are joined by Angela Killer and Elizabeth McGrath King's Council to tell us how to do just that. Before we get going, please can you introduce yourselves to the audience?
Angela first, please.
First of all, thank you for the invitation to come on the podcast.
How does the child‑focused court process work from application to decision hearing?
I'm already a big fan. I've listened to all the episodes. I'm Angela Killer and I'm a family solicitor covering all sorts of family work. I work at JCP Solisters, which as you can tell by the accent is based in Wales. I'm the deputy head of the family team there and I'm also co chair of the children committee with resolution.
Hello and thank you for v inviting me to join the podcast. It's a first for me. I'm uh Liz McGrath Casey, a family law practitioner. I'm head of chambers at three paper buildings, but I'm based in Birmingham. where the Pathfinder was piloted in May of twenty twenty-four and officially transitioned from Pathfinder to Child Focused Court at the end of May of this year.
Thank you. The perfect people then to teach us about this. Angela, would you mind starting us off, giving us an overview of how child focused courts work? Of course.
It's well known I think to probably most of the listeners that the Pathfinder pilot was developed following the harm panel report and aims to place children's experiences and their safety at the centre of proceedings. The Pathfinder pilot, which will now be rolled out nationwide, will be known as the Child Focus Court. So I'll try my best to refer to it as that throughout, but I may slip up now and again. So currently, whether you're going to be dealt with under the CAP system or the child focus court will depend on the location of the court that you're making the application to. The child focus courts will generally deal with applications for child arrangement orders, section eight orders and enforcement orders.
Any other applications will still be dealt with under CAP. And the key difference between the two are the way that they're managed. So under the CAP process, generally people consider it to be quite party led and can be adversarial, whereas the intention under the child focus court is a contrast to that where it's more of an investigative and problem solving approach. That process starts with an administrative triage stage, which is undertaken by the court to make sure that you've completed your application properly. And then it moves on to gatekeeping one within a few days of the application being made. At that point, a judge or legal advisor will look at the application and will usually direct that a child impact report is prepared.
That gatekeeping hearing isn't attended by the parties or by advocates. The child impact report is quite a significant feature of the child focused courts, where CAFCAS or KAFCAS Camry or social services, if they're involved.
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Chapters
8 chapters
1
What is the purpose of child‑focused courts and how do they differ from the CAP system?
0:05–1:47
2
How does the child‑focused court process work from application to decision hearing?
1:47–6:49
3
Why is front‑loading evidence and detailed C100/C1A forms crucial before issuing proceedings?
6:49–13:01
4
How should practitioners handle high‑risk cases involving serious domestic abuse?
13:01–18:59
5
What procedural directions (PD 36Z, PD 12J, etc.) and case‑law must be considered when drafting applications?
18:59–23:38
6
What do early practitioner surveys say about the speed, fairness and challenges of the new system?
23:38–29:22
7
How can lawyers manage complex or fact‑finding cases, including statements, Scott schedules and reviews?
29:22–34:11
8
What final tips do the experts give for organising, timing and advocating effectively in child‑focused courts?
34:11–38:40