Until now, the general approach has been that a company cannot claim privilege against its own...
On 28 May 2024, a reformed approach to private children law launched in Birmingham, called Pathfinder. This scheme has previously been piloted in Dorset and North Wales and has now been expanded to Birmingham. This means that all proceedings started after this date will be dealt with under the new procedure.
Why was Pathfinder introduced?
The new scheme is centred around improving the voice of the child, by engaging early with children through various forms of communication. There is strong emphasis on moving away from the current adversarial nature of family proceedings, by reducing the number of hearings. It is hoped this will lessen the risk of conflict between the parties and encourage more co-operative parenting.
The aim of Pathfinder is also for cases to be concluded much quicker, so parties are not going through the emotional and financial distress of court proceedings for longer than necessary. Pathfinder cases could be completed within 12 weeks, in contrast to the current timescale of 6 to 12 months. By frontloading the information gathering into one Child Impact Report (CIR), it is hoped that when parties attend court for the first time, the hearing is much more effective.
What is the old/ existing procedure?
Cases started before 28 May 2024 will continue to follow the existing procedure, which is as follows:
- Unless a party qualifies for an exemption, both must attend a Mediation, Information and Assessment Meeting (MIAM)
- Filing of C100 form
- Application picked up and directions given for Cafcass to prepare a safeguarding letter and a first hearing is listed within 6-8 weeks
- Court hearing 1 - First Hearing Dispute Resolution Appointment (FHDRA)
If a section 7 report is ordered at the FHDRA, this can take up to 12 weeks to complete. The proceedings are adjourned until this report has been done.
- Court hearing 2 – Dispute Resolution Appointment (DRA)
- Court hearing 3 – Final Hearing (if necessary)
What is the new procedure?
Cases started after 28 May 2024 will follow the new procedure which is as follows:
- As above
- As above
- Application picked up within 48 hours and directions given for Cafcass to prepare a Child Impact Report (CIR) within 40 days (this replaces the safeguarding letter and section 7 report)
- Gatekeeping / case management appointment where the court determines the next steps and whether a hearing is necessary (parties do not attend this appointment)
- Decision hearing (if necessary and this can operate as a final hearing)
- Review hearing (means of assessing how the order is working in practise)
Whilst only time will tell as to Pathfinder’s success in Birmingham, the positive feedback from the regions where it has already been rolled out shows that Pathfinder is delivering necessary improvements to the private children law landscape.
Contact Us
If you would like any further information or advice in relation to divorce proceedings, financial remedy proceedings or family court proceedings, please contact our specialist family lawyers based in Wolverhampton, Cradley Heath and Sutton Coldfield. We serve clients across the West Midlands and Birmingham. You can call 01902 328 355 to speak to one of our family lawyers.