If you are a litigant in person in the family court, the latest developments matter. They are not abstract policy announcements. They affect how you should prepare your case, what the court is likely to focus on, how safeguarding concerns should be presented, and why your paperwork needs to be clear, proportionate and child-focused from the start.

The family justice system in England and Wales is under significant pressure. Private law children cases remain high. Many parents are representing themselves. Cafcass is carrying a heavy workload. Domestic abuse and safeguarding concerns continue to sit at the centre of many child arrangements disputes. At the same time, the court system is moving towards a new model designed to identify risk earlier, hear the child’s voice sooner and reduce unnecessary delay.

For litigants in person, the message is simple but important: the family court is becoming more child-focused, more document-sensitive and less tolerant of disorganised evidence.

This article explains the key family court news and, more importantly, what you should actually do with it if you are involved in private law children proceedings.

Child Focused Courts are being rolled out nationally

One of the most important developments for parents in private children proceedings is the national rollout of Child Focused Courts.

The model was previously known as the Private Law Pathfinder. The Judiciary has confirmed that Child Focused Courts are being rolled out across England and Wales, with the President of the Family Division, Sir Andrew McFarlane, describing the development as a “game changer” for the family justice system. You can read the Judiciary announcement here: Judges welcome roll-out of Child Focused Courts.

The Ministry of Justice has also announced that the newly named Child Focused Courts will be expanded nationally following the Pathfinder pilot. The Government announcement refers to cases being resolved significantly faster in the pilot areas. You can read that announcement here: Children to get swifter justice as new family court approach expands nationally.

The practical point is this: private children proceedings are moving away from a model where the court waits for parents to argue their positions across repeated hearings, and towards a model where the court aims to understand the child’s situation, risks and welfare needs earlier.

That matters enormously for litigants in person.

If you are applying for, opposing, varying or enforcing child arrangements, you should not prepare your case as though it is simply about “my rights” or “the other parent’s behaviour”. The court’s central question is the child’s welfare. The newer model reinforces that the court wants to understand:

• what the child is experiencing;
• what risks may exist;
• whether domestic abuse, coercive control, substance misuse, mental health issues or other safeguarding issues are relevant;
• what arrangements are safe and realistic;
• what information is needed from agencies at an early stage;
• what support may help the family move forward; and
• what order, if any, best serves the child’s welfare.

What is different about the Child Focused Court approach?

The Child Focused Court model is designed to reduce delay, improve early information-gathering and place the child’s experience closer to the centre of the process.

The Government’s written statement on the Child Focused Model explains that national rollout is intended to support “coordinated early identification of risk”, ensure that children are heard, and provide specialist support where domestic abuse is involved. You can read the written statement here: Child Focused Model written statement.

In practical terms, litigants in person should expect more emphasis on:

• early safeguarding information;
• the child’s voice;
• agency information, where relevant;
• clear identification of risk;
• avoiding unnecessary repeat hearings;
• focused reports rather than broad, unfocused investigation;
• practical child arrangements that can actually work.

This does not mean every case will suddenly become quick or easy. It does not mean safeguarding concerns will always be handled perfectly. It does not mean Cafcass will always get it right. But it does mean the direction of travel is clear: private law children cases are being pushed towards a more investigative, child-centred and risk-aware model.

That should change how litigants in person prepare.

The Government is moving to repeal the presumption of parental involvement

The second major development is the Government’s proposal to repeal the statutory presumption of parental involvement from the Children Act 1989.

The Courts and Tribunals Bill factsheet says that the Bill would repeal the presumption of parental involvement from the Children Act 1989 “to prioritise the welfare of the child”. You can read the Government publication here: Courts and Tribunals Bill and the factsheet here: Courts and Tribunals Bill factsheet.

This is a significant proposed change. For years, the family court has operated within a statutory framework that includes a presumption that the involvement of a parent in a child’s life will further the child’s welfare, unless the contrary is shown. That presumption has been controversial, particularly where there are allegations or findings of domestic abuse, coercive control, sexual abuse, serious safeguarding risk or child harm.

The proposed repeal is part of a wider shift towards asking a more direct question: what is safe and in this child’s welfare interests on the evidence?

However, litigants in person need to be very careful here.

The proposal does not mean that the law has already fully changed in every case. A Bill must pass through the parliamentary process and relevant provisions must come into force. Until then, the existing legal framework remains important. Litigants should not write statements saying “the presumption has now gone” unless and until that is legally accurate at the time of their hearing.

The safer way to frame the point is this:

“The Government’s proposed reform reflects increasing recognition that parental involvement must not be treated as automatically safe or beneficial where there are unresolved safeguarding concerns. The court’s paramount consideration remains the child’s welfare.”

What does this mean if you are raising domestic abuse or safeguarding concerns?

If you are a parent raising domestic abuse, coercive control or safeguarding concerns, the recent developments may help you frame your case more clearly. But they do not remove the need for evidence.

The court still needs to know:

• what happened;
• when it happened;
• whether the child saw, heard or was affected by it;
• whether there is independent evidence;
• whether police, social services, schools, medical professionals or domestic abuse services have been involved;
• what risk you say exists now;
• what arrangements you say would be safe; and
• what order you are asking the court to make.

A common mistake made by litigants in person is to assume that because something was traumatic, the court will automatically understand its significance. That is not how court preparation works. The court needs the issue translated into a structured legal and welfare framework.

For example, instead of saying:

“He was abusive and Cafcass have ignored everything.”

It is usually more effective to say:

“I rely on the incidents set out in the attached schedule dated [date]. The incidents include controlling behaviour, threats, intimidation and behaviour witnessed by the child. My concern is that unsupervised contact would expose the child to emotional harm unless these issues are properly assessed.”

The second version gives the court something it can work with.

New court bundle guidance for litigants in person

Another important development is the publication of specific family court bundle guidance for litigants in person.

The Judiciary has published Preparing Court Bundles for Family Proceedings: A Guide for Litigants in Person. It applies to family court and Family Division cases in England and Wales. You can access the guidance here: Preparing Court Bundles for Family Proceedings: Guide for Litigants in Person.

The guidance sits alongside revised bundle practice requirements. This matters because bundles are not a technical afterthought. They are often the way the judge understands the case.

If your bundle is chaotic, duplicated, missing key orders, badly paginated or full of irrelevant material, it can make your case harder to understand. It can also waste valuable hearing time.

A strong family court bundle should usually include, where relevant:

• an index;
• the application, such as the C100;
• any C1A or safeguarding form;
• the latest court orders;
• position statements;
• witness statements;
• Cafcass safeguarding letters or section 7 reports;
• local authority documents, if relevant;
• police disclosure, if permitted and relevant;
• school records, if relevant;
• medical evidence, if relevant;
• a chronology;
• a schedule of allegations, if domestic abuse is alleged;
• any expert reports, if permitted;
• draft orders or proposed child arrangements.

The bundle should not be used as a dumping ground for every email, message, screenshot and historic grievance. The court needs relevant material, not everything you have ever collected.

Family court demand remains high

The latest Family Court Statistics for October to December 2025 show that the family court continues to face significant demand. The Ministry of Justice reported that in October to December 2025, 64,336 new cases started in family courts, up 4% on the equivalent quarter in 2024. Private law cases were up 13% compared with the equivalent quarter. You can read the statistics here: Family Court Statistics Quarterly: October to December 2025.

This matters because court pressure affects real people. It affects listing times, hearing length, judicial preparation, Cafcass availability and the speed at which reports are produced.

Litigants in person often feel that nobody has properly read their case. Sometimes that fear is justified. Judges and court staff are under pressure. Cafcass officers are under pressure. The system is busy. That does not mean you should give up. It means your paperwork needs to be exceptionally clear.

A judge should not have to work hard to understand:

• who the child lives with;
• what order is currently in place;
• what has changed;
• what the dispute is actually about;
• what safeguarding concerns are relied upon;
• what evidence supports those concerns;
• what order you seek; and
• why that order is said to be in the child’s welfare interests.

Cafcass private law workload remains significant

Cafcass publishes monthly demand data. Its data gives an indication of the pressure within the private law children system. You can access Cafcass data here: Cafcass data.

For litigants in person, this matters because Cafcass involvement is often central to private children proceedings. Cafcass may prepare a safeguarding letter, undertake initial safeguarding checks, speak to the parties, speak to the child in some cases, prepare a Child Impact Report in Child Focused Court areas, or prepare a section 7 report where directed.

If you have concerns about a Cafcass report, do not simply say “the report is biased” or “Cafcass did not listen”. You need to identify the specific problem.

For example:

• Did the officer fail to speak to a relevant agency?
• Did they record something inaccurately?
• Did they omit a key safeguarding incident?
• Did they misunderstand the court order?
• Did they fail to consider domestic abuse guidance?
• Did they make recommendations unsupported by the evidence?
• Did they fail to consider the child’s expressed wishes and feelings properly?
• Did they treat contact as the automatic goal before assessing safety?

The court is more likely to engage with a focused, evidence-based critique than a general attack on Cafcass.

Transparency in the family court is continuing to develop

Family court transparency has been developing through reporting pilots and transparency orders. This means that more family cases may be capable of being reported by accredited journalists and legal bloggers, while protecting the anonymity of children and families.

This is part of a broader movement towards improving public understanding and scrutiny of the family justice system. However, litigants in person must be extremely careful. Family proceedings are not the same as ordinary public disputes. There are strict rules about publishing information relating to children proceedings.

Do not post court documents, Cafcass reports, children’s details, allegations, photographs, school information or hearing information online without understanding whether you are legally permitted to do so.

If a transparency order is made, read it carefully. It will usually explain what can and cannot be reported.

What litigants in person should prepare now

The latest family court developments all point in the same direction. The court wants earlier clarity, better evidence, better bundles, more child-focused analysis and less procedural chaos.

If you are a litigant in person, you should consider preparing the following documents.

1. A one-page case summary

This should explain who the parties are, who the children are, what order exists, what application is before the court and what the main issues are. Keep it short. The purpose is orientation.

2. A short chronology

A chronology is often one of the most useful documents in a private children case. It should list important dates in order. It should not contain argument. It should help the court understand the sequence of events.

3. A safeguarding summary

If there are safeguarding concerns, summarise them clearly. Identify the nature of the concern, when it occurred, whether the child was affected, and what evidence exists.

4. A schedule of allegations

If domestic abuse, coercive control or serious harm is alleged, a schedule may be needed. It should be specific. Avoid vague wording. Include dates or approximate dates where possible.

5. A welfare checklist analysis

The welfare checklist in section 1 of the Children Act 1989 remains central. A short welfare analysis can help you explain why your proposed arrangements meet the child’s needs.

6. A response to Cafcass

If there is a Cafcass report, prepare a structured response. Identify what you agree with, what you dispute, what is missing and what evidence supports your position.

7. A position statement

Before each hearing, prepare a concise position statement. This should tell the court what has happened since the last hearing, what issues remain, what order you seek and why.

8. A proposed order

Where possible, draft the order you are asking the court to make. This helps the judge understand the practical outcome you want.

What a child-focused position statement should include

A good position statement is not a witness statement. It is not the place for every detail. It is a practical hearing document.

For a private children hearing, a strong position statement might include:

• the name and date of the hearing;
• the parties’ names;
• the children’s names or initials, depending on the court’s requirements;
• a short summary of the current arrangements;
• a short summary of the application;
• the key issues for the court;
• any safeguarding concerns;
• your response to Cafcass, if relevant;
• what directions you seek;
• what final or interim order you seek;
• why your proposal meets the child’s welfare needs.

The best position statements are usually structured, calm and easy to navigate. They do not need dramatic language. They need clarity.

What litigants in person should stop doing

There are some common mistakes that can damage an otherwise important case.

Do not file everything

More paper does not mean a stronger case. A judge may have limited preparation time. If the key evidence is buried inside hundreds of pages of irrelevant messages, it may be missed.

Do not use your statement as therapy

Your feelings matter, but a court statement has a specific purpose. It must help the court decide the legal and welfare issues.

Do not make broad allegations without particulars

“He is controlling” is less useful than a dated example of controlling behaviour, its impact on the child, and the evidence relied upon.

Do not ignore court directions

If the court orders you to file a statement by a certain date, take that seriously. If you cannot comply, you may need to apply for more time or explain the position promptly.

Do not assume Cafcass will collect everything

Cafcass may not see every document you consider important. If something matters, identify it clearly and explain why it matters.

Do not treat the case as parent versus parent

The court is not there to decide who is the better person. It is there to decide what arrangements meet the child’s welfare needs.

The opportunity for litigants in person

Although the system is under pressure, these reforms create an opportunity for well-prepared litigants in person.

If the court is moving towards earlier risk identification, then a clear safeguarding summary matters.

If the court is moving towards hearing the child’s experience earlier, then a child-focused welfare analysis matters.

If the court is relying on better bundles, then a properly organised bundle matters.

If Cafcass is stretched, then a concise response to the report matters.

If the presumption of parental involvement is being reconsidered, then evidence-based safeguarding arguments matter.

The family court may be difficult to navigate, but litigants in person are not powerless. Good preparation can make a real difference.

How JSH Law can help litigants in person

JSH Law provides procedural and document support for litigants in person involved in family court proceedings. This may include help with:

• understanding court directions;
• preparing a case summary;
• drafting a position statement;
• organising evidence;
• creating a chronology;
• preparing a safeguarding summary;
• responding to a Cafcass safeguarding letter or section 7 report;
• preparing a schedule of allegations;
• building or reviewing a court bundle;
• drafting a proposed order;
• preparing for a hearing as a litigant in person.

JSH Law does not replace regulated legal advice from a solicitor or barrister where that is needed. However, for many litigants in person, practical procedural support can help reduce overwhelm and improve the quality of the documents placed before the court.

Useful source links

• Judiciary: Judges welcome roll-out of Child Focused Courts
• Ministry of Justice: Child Focused Courts rollout announcement
• Parliamentary written statement: Child Focused Model
• Government: Courts and Tribunals Bill
• Government: Courts and Tribunals Bill factsheet
• Judiciary: Preparing Court Bundles for Family Proceedings — Guide for Litigants in Person
• Ministry of Justice: Family Court Statistics Quarterly October to December 2025
• Cafcass data
• Family Procedure Rules and Practice Directions