Family courts in England and Wales are changing the way they deal with disputes about children. The direction of travel is clear: cases should be more focused on the child’s experience, safety and welfare from the beginning, rather than allowing disagreement between parents to dominate the proceedings.

The changes matter to anyone involved in Children Act proceedings, including applications about where a child lives, time spent with a parent, safeguarding concerns and other child arrangements.

This article explains the practical impact of the new Child Focused Courts approach, the new requirements for expert evidence, and what separating parents should prepare before their first hearing. If you are looking for family law solicitors in the UK, early advice can help you present relevant evidence and avoid unnecessary delay or expense.

Important: This article reflects the position on 17 September 2026. It is general information, not legal advice. The law and court guidance can change, and your circumstances should be considered individually.

What are Child Focused Courts?

The Child Focused Courts model is the national approach being introduced for private children proceedings in England and Wales. It follows earlier pilot schemes, including the Private Law Pathfinder model, and is intended to replace the previous Child Arrangements Programme approach in participating courts.

The model changes the sequence of a case. Instead of waiting until later in the proceedings for a detailed assessment, the court aims to understand earlier:

• how the dispute is affecting the child;
• what the child may be saying or experiencing;
• whether there are safeguarding concerns;
• whether domestic abuse is alleged;
• whether there is a risk of future harm; and
• what assistance or decision-making is needed.

A central feature is the Child Impact Report, prepared by Cafcass in England or Cafcass Cymru in Wales. The report is intended to assist the court before the first hearing by bringing together information about the child’s welfare, the family circumstances and any immediate risks.

The national rollout is taking place over three years, with the aim of all family court centres operating the model by March 2029. Cafcass’s 2026–2029 strategy identifies Child Focused Courts as a key strategic priority. Its stated objectives include hearing children earlier, identifying harm more quickly and improving the safety and timeliness of outcomes.

The model does not mean that a child is responsible for deciding the case. The court remains responsible for making orders based on the child’s welfare. A child’s wishes and feelings are relevant, but they are considered alongside age, maturity, circumstances, safeguarding information and all other evidence.

What does this mean in Children Act proceedings?

Most private children applications are made under the Children Act 1989. They may concern a child arrangements order, prohibited steps order or specific issue order.

Under a child-focused approach, the court is likely to ask at an early stage:

1. What is happening to the child?
2. What risks, if any, need to be addressed immediately?
3. What arrangements would support the child’s welfare?
4. Can the issues be resolved safely without a fully contested hearing?
5. What evidence is genuinely necessary?

This means parents should avoid treating the case simply as a dispute about parental entitlement. The court’s focus is the child’s welfare, not which parent can produce the longest history of grievances against the other.

A parent’s evidence should therefore explain the practical effect of proposed arrangements on the child. Relevant information may include schooling, health, routines, communication, travel, emotional wellbeing and the child’s relationship with each parent.

Where domestic abuse is alleged, the court should consider the issues through the framework in Practice Direction 12J. Allegations of coercive control, intimidation, violence, harassment or abuse may affect whether contact is safe, whether safeguards are required and how the case should be managed.

Parents should be factual and specific. General statements such as “the other parent is unsafe” may not assist the court unless supported by clear examples, dates, documents or other evidence.

New rules on expert evidence

The Family Procedure (Amendment) Rules 2026 amend the Family Procedure Rules 2010. From 20 July 2026, new rule 25.5A applies in relevant children proceedings issued on or after that date.

The general rule is that, where the court’s permission is required for expert evidence, the evidence should come from a regulated expert. The definition generally covers an expert who is:

• regulated by a UK statutory body;
• on a register accredited by the Professional Standards Authority for Health and Social Care; or
• regulated by an approved regulator under the Legal Services Act 2007.

There are exceptions. The regulated-expert requirement does not apply in the same way to:

• an international social worker;
• a technical expert;
• proceedings under Schedule 1 to the Children Act 1989.

For this purpose, a technical expert includes experts providing evidence in areas such as digital forensics, DNA testing, handwriting analysis or toxicology testing.

The court may also permit evidence from an unregulated expert where no regulated expert is available. This is not a simple escape route. The court may need to be satisfied that:

• the issue can only be resolved by expertise that no regulated expert possesses; or
• using a regulated expert would cause significant delay that would not be in the child’s best interests.

If a non-regulated expert is permitted, the court must give reasons. The parties may need to show what steps they took to find a regulated expert and why the proposed expert meets the applicable standards.

Why an unregulated report may be refused

Parents sometimes obtain a report privately and hope it will persuade the court. This can create problems if the report was prepared without permission, does not meet the court’s requirements or comes from someone who is not appropriately regulated.

An unregulated report may be refused because:

• the expert does not meet the definition of a regulated expert;
• permission was not obtained before the report was commissioned;
• the report does not address a question relevant to the proceedings;
• the expert lacks appropriate experience or independence;
• the report does not comply with Practice Direction 25B; or
• the evidence would add delay and cost without helping the court decide the case.

Parents should not assume that paying for an assessment makes it court-admissible. Before instructing an expert, obtain advice about whether expert evidence is necessary, what precise question it should answer, whether permission is required and whether the proposed expert is properly qualified and regulated.

For proceedings issued before 20 July 2026, transitional provisions may mean that the new rule does not apply in the same way. The date and procedural history of the case should be checked carefully.

How will a child’s voice be heard?

The Child Focused Courts model aims to ensure that a child’s experience is understood earlier. Cafcass may speak with the child and consider their wishes and feelings when preparing a Child Impact Report.

This does not mean that children are automatically asked to choose between parents. A child may be heard directly, through a Cafcass assessment or through other appropriate evidence, depending on their age, maturity and circumstances.

A child’s views may be affected by pressure, fear, loyalty conflicts or exposure to adult disagreements. Cafcass and the court should consider the context in which views are expressed. Parents should therefore avoid coaching a child, asking them to gather evidence or discussing confidential court documents with them.

The most helpful approach is usually to support the child’s relationship with safe adults, maintain routines and avoid involving them in the conflict.

Will the changes affect timescales and costs?

The purpose of the Child Focused Courts model is to identify the important issues earlier and reduce unnecessary delay. In suitable cases, early Cafcass involvement may help the court narrow the dispute or identify a safe agreement.

However, the transition to a new model may not make every case quicker. Timescales can still be affected by:

• court availability;
• safeguarding checks;
• allegations of domestic abuse;
• the need for a fact-finding hearing;
• expert evidence;
• parties failing to comply with directions; and
• difficulties obtaining information from agencies.

The new expert evidence requirements may also affect costs. A regulated expert may be more expensive or less readily available than an unregulated provider. On the other hand, an unsuitable report can lead to wasted costs if it is rejected or a further assessment is required.

Parents should budget for the possibility of legal advice, court fees where applicable, expert evidence and travel or childcare arrangements. A solicitor can help assess what evidence is proportionate rather than commissioning reports that are unlikely to assist.

What should parents prepare before the first hearing?

Before a first hearing, prepare a short, organised account of the issues. Consider gathering:

• the child’s basic details, school and health information;
• a chronology of important events;
• details of current living and contact arrangements;
• any proposals for future arrangements;
• relevant messages, emails or records;
• information about police, social services or medical involvement;
• details of any domestic abuse or safeguarding concerns;
• a list of practical problems affecting handovers or communication; and
• questions you want the court or Cafcass to address.

Keep the focus on evidence that affects the child. Do not overwhelm the court with every disagreement in the relationship.

If you are worried about immediate harm, explain the concern clearly and seek urgent legal advice. In cases involving domestic abuse, do not agree to informal arrangements that put you or the child at risk simply to avoid court proceedings.

What about the “A Fairer End to Relationships” consultation?

The government’s A Fairer End to Relationships consultation closed on 14 August 2026. It considered possible changes relating mainly to financial remedies, cohabitation and inheritance.

No legislation has been enacted as a result of that consultation. The current law remains unchanged. There is no confirmed implementation date, and any reforms are unlikely to take effect before 2027 or 2028 at the earliest.

That consultation should not be confused with the Child Focused Courts model or the 2026 amendments concerning expert evidence. Parents dealing with children proceedings should rely on the law and court rules currently in force, not proposed future reforms.

Frequently asked questions

Do Child Focused Courts decide where a child must live?

No. The court still makes decisions based on the child’s welfare. The model changes how information is gathered and how cases are managed; it does not remove judicial decision-making.

Can I instruct my own expert without asking the court?

You should obtain advice first. In relevant children proceedings, expert evidence normally requires the court’s permission and should come from a regulated expert. A report obtained without permission may not be admitted.

Does Cafcass decide the case?

No. Cafcass provides information and recommendations to assist the court. The judge or magistrates make the final decision.

Does the new model apply to every family court immediately?

No. The model is being rolled out in stages and local arrangements may differ during the transition. Ask whether the court dealing with your case is operating the Child Focused Courts model.

Is the new family law consultation already in force?

No. The “A Fairer End to Relationships” consultation has closed, but no resulting legislation has been enacted. Existing law continues to apply.

How Tyndel Solicitors can help

Children proceedings can become more difficult when parents do not know what evidence is relevant or how the court will approach safeguarding and expert reports.

Our family law solicitors advise on child arrangements, Children Act applications, domestic abuse concerns, evidence, negotiation and representation in court. To discuss your circumstances, contact Tyndel Solicitors.

Further information is available from the Family Procedure Rules, Cafcass’s Child Focused Courts strategy, and the official Practice Direction 11A guidance.