by Tony Rucinski, TCW
THE President of the Family Division announced last week that the Government is committing £82million over three years to roll out a new Child Focused Model across 32 court centres in England. It is, we are told, the biggest change to family court proceedings in 30 years. The model is said to put the child’s welfare at the centre of hearings from the outset. Nobody could object to that. If it does.
But the announcement invites a question that nobody in government seems willing to ask. Why are the family courts drowning?
Children and Family Court Advisory and Support Service (Cafcass) figures for January 2026 show a 19.5 per cent year-on-year surge in cases. Some 257 new children’s cases are entering the system every working day. Private law cases – the disputes between separating parents over who sees the children – are up 7.1 per cent year to date.
Part of the answer lies in a promise that was made four years ago and has been quietly broken. When the Divorce, Dissolution and Separation Act came into force in April 2022, removing the requirement to prove fault, the Government said it would take the sting out of divorce. Couples would no longer need to accuse each other of adultery or unreasonable behaviour. The process would be calmer, less adversarial, better for everyone – especially the children.
It has not worked out that way. Data obtained by law firm Nockolds from the Ministry of Justice shows that 10,300 financial remedy orders were contested in 2024, up from 6,191 in 2023 – a 66 per cent increase and the highest figure since 2008. The most recent quarterly data, covering October to December 2025, show financial remedy applications up a further 13 per cent year on year, while disposals fell 18 per cent. The backlog is growing.
What happened?