A View from the President of the Family Division – April 2026: What the Future Holds for the Family Court

As Sir Andrew McFarlane approaches his retirement on 13 April 2026, his final “View from the President’s Chambers” looks not backwards, but firmly ahead. Rather than a retrospective, this final message from the outgoing President of the Family Division sets the tone for the next chapter of the Family Court: one focused on children, modernisation, and a justice system that serves families more effectively and compassionately.

The Child Focused Model: The Future of Private Law

One of the most significant announcements is the Government’s £82 million investment to roll out the Child Focused Model (CFM) previously known as the Pathfinder pilot across all remaining court centres over the next three years.

What is the Child Focused Model?

The CFM reorders the traditional Child Arrangements Programme. Instead of waiting for CAFCASS to prepare a welfare report towards the end of proceedings, the court now receives a Child Impact Report before the first hearing. This early report includes:

• The child’s voice

• An analysis of the child’s lived experience

• Any safeguarding concerns

• The impact of parental conflict

The key question becomes: “What are we going to do to make things better for the child?”

Built‑in Domestic Abuse Support

The CFM integrates domestic abuse professionals at the earliest stage, ensuring:

• Practical support for victims

• Better safeguarding

• More informed decision‑making

• Earlier interventions

Courts already using the CFM report quicker, safer and more child‑focused outcomes. With national rollout confirmed, CFM is no longer a pilot it is the future standard for the Family Court.

Preparing for Rollout: What Non‑CFM Courts Can Do Now

Even where the CFM is not yet active, courts can begin preparing. A new set of guidance and practical tips, developed from early adopter courts, will soon be circulated to all judiciary. The aim is to:

• Reduce backlogs

• Improve case management

• Adopt CFM‑aligned thinking

• Strengthen pre‑application practice

This phased preparation ensures all regions transition smoothly once their rollout window arrives.

Signs of Progress Across the Family Court

Sir Andrew highlights encouraging improvements across key performance measures:

• Three regions now meet or exceed the target of concluding 50% of care cases within 26 weeks.

• Public law cases older than 90 weeks have fallen by 30%.

• Case durations have improved significantly:

  • Public law: from 39 weeks (2022) to 32 weeks (2025)

  • Private law: from 46 to 35 weeks

Despite rising case numbers in some areas, the overall trend is positive and reflects significant system‑wide effort.

Sitting Days and Judicial Resource Planning

New allocations for 2026–27 shift away from rigid percentages and move towards region‑specific needs. London and the South East, in particular, will see increased full‑time Family judges.

Financial Remedy (FR) work in London handling many of the UK’s most complex and international financial cases will also receive additional support.

Updated Guidance on Domestic Abuse Injunctions

New guidance on without‑notice injunction applications came into force in January 2026. The key update offers judges three clear procedural options:

1. Make a without‑notice order on the papers

2. Refuse the without‑notice order and list it on notice

3. List a without‑notice hearing within one working day

The changes are designed to ensure consistency, clarity and safer outcomes for victims. Companion best practice guidance has also been issued to practitioners.

AI and the Family Court

This year’s Family Justice Council conference focused exclusively on artificial intelligence and its growing role in the court system. The challenge ahead is balancing innovation with fairness, transparency and child‑centred practice. AI may support:

• Case analysis

• Data management

• Predictive modelling

• Administrative efficiency

But human judgment remains paramount.

New Gatekeeping and Allocation Guidance

Coming into effect on 5 May 2026, the new combined guidance streamlines allocation for both public and private law cases into one document. For the first time, the role of magistrates is explicitly integrated into the allocation framework.

The goals are to:

• Allocate cases to the appropriate tier of judiciary

• Optimise judicial resources

• Improve consistency in decision‑making

The Essential Role of Charities

Sir Andrew reflects on the vital contribution of charities supporting families navigating the justice system, including:

• Not Beyond Redemption

• Support Through Court

• Lawyers Who Care

These organisations provide practical, emotional and legal support for some of the most vulnerable people in the system.

A Personal Farewell: Change in the Air

As he prepares to step down, Sir Andrew acknowledges the deep continuity within the Family Court across decades of dedicated professionals. While change is coming including the appointment of his successor the system remains in strong and steady hands.

He retires with gratitude, pride and optimism, particularly for the national rollout of the Child Focused Model, which he views as transformative for separated families and children across England and Wales.

Final Thoughts

The April 2026 View signals a future for family justice that is:

• More child-centred

• More efficient

• More trauma-aware

• Better resourced

• More transparent

• Supported by specialist domestic abuse expertise

The nationwide rollout of the Child Focused Model marks the most significant reform to private law in over a decade. As Sir Andrew McFarlane hands over the reins, the Family Court is entering a new chapter one grounded in compassion, safety and meaningful progress for children and families.

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