The death of eight-year-old Henry Nowak in Southampton in December 2025 was shocking and saddening. The case also highlighted concerns about how efforts to correct past wrongs can sometimes create new problems.
That concern is now unfolding in family courts across England and Wales. A major overhaul of child custody dispute procedures, intended to better protect domestic abuse victims, has accelerated decision-making.
The Child Focused Court rolls out nationwide
The Child Focused Court (CFC), previously a pilot program called the Pathfinder, became the standard approach in Wales in March 2025. The Ministry of Justice announced on March 17, 2026, that it would expand the model across England and Wales over the next three years. These changes are already transforming how disputes between parents are resolved.
Under the new system, a court-appointed social worker from CAFCASS or a local authority interviews the child and parents early in the process. They produce a Child Impact Report (CIR) that outlines risks and recommends arrangements. If domestic abuse is alleged, an Independent Domestic Violence Advocate (IDVA) conducts a risk assessment using the DASH RIC checklist, a tool designed to identify patterns of coercive control, stalking, or honor-based violence.
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Most cases now reach a final decision in a single hearing. Judges or magistrates review the CIR and other evidence “on the papers”—without live testimony—and then convene a Decision Hearing. These sessions begin with “judge-led conciliation,” where the court guides parents toward agreement. If they cannot settle, the judge rules based on written submissions. The calling of any oral evidence has fast become the exception rather than the rule.
The CFC aims to resolve most disputes in weeks rather than months or years. It also costs less for parents, many of whom represent themselves. For families where abuse is real, the early involvement of IDVAs and social workers can be critical.
A system that must balance protection and fairness
The CFC reflects broader changes in how family courts handle domestic abuse. For decades, courts faced criticism for not taking such allegations seriously. The 2020 Harm Report and updated court guidelines pushed for a more proactive approach. The CFC builds on that progress, embedding IDVAs and early risk assessments into the process.
The practical effect is that a parent accused of abuse faces significant challenges. The CIR and risk assessments shape the court’s view from the start. By the time the case reaches a judge, the narrative is often set. Challenging it requires time, resources, and legal expertise, which many parents lack.
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The answer is not to abandon the CFC’s reforms. The model offers clear benefits: faster resolutions, lower costs, and a stronger focus on children’s welfare. But those advantages should not come at the expense of due process. The family court’s credibility depends on balancing two needs: protecting victims and ensuring fairness for the accused.
That balance begins with language. Social workers and IDVAs must be precise in their reports, clearly distinguishing between “alleged” and “confirmed” abuse. Judges and magistrates need to scrutinize risk assessments for overreach, especially when parents represent themselves. Some cases—particularly those involving complex allegations—may still require a more deliberative approach.
The real risk is that, in their determination to avoid past mistakes, courts create new ones. A child-focused system must also be evidence-based. When decisions rely on assumptions rather than facts, the ones who suffer most are often the children the system aims to protect.
Parents handling these disputes may find legal help useful in understanding their rights and options.
