Court of Appeal hands down first judgment on Child Focused Court model
September 30, 2026
The Court of Appeal has handed down its first judgment directly considering the operation of the Child Focused Court model (formerly Pathfinder).
Re C (Child Arrangements Orders; Domestic Abuse; Child Focused Court) [2026] EWCA Civ 1216 considers important questions about how the model operates in practice, particularly in cases where domestic abuse is alleged – including fact-finding, procedural fairness, the role of Cafcass and the court’s approach to child arrangements.
The substantive child arrangements appeal was dismissed, although the appeal concerning the s 91(14) order was allowed.
Commenting on the judgment, Clare Porter-Phillips, who specialises in private children proceedings and cases within the Child Focused Court model, said:
“This judgment is important for anyone working within the Child Focused Court model. It is particularly interesting coming so soon after the Court of Appeal’s decision in Re D.
“Re D is a reminder that a decision not to hold a fact-finding hearing may need to be revisited if disputed allegations of domestic abuse subsequently become material to the welfare assessment. Re C now considers fact-finding and domestic abuse in the context of the Child Focused Court model. For practitioners, in my view, the two judgments should be read together and are essential reading as we navigate our way through the new model.”
The full judgment can be viewed here:
