Family Court is changing!
In the past parents and divorcing couples had the reassurance that their case would not be reported in the press. There were very restrictive rules around the publishing of family cases, even though reporters were allowed to go into the family courts.
Christina Theodorou
Specialist Family Lawyer and Mediator
However, at the end of January 2024, a new pilot scheme, was rolled out in some London courts, after being tried in some regional courts in England beforehand. This scheme is likely to run nationwide in future. It is based on the idea of family justice being more open and transparent to improve public confidence. Properly accredited reporters or official legal bloggers under the pilot scheme have a right to attend private family hearings, other than adoption, domestic abuse injunctions, divorce and finance cases. They do not need to give you notice that they are going to attend, though they are encouraged to give notice.
The reporter can even see certain case documents, including statements. Despite the fact they can attend, it does not necessarily follow that there can be a report of the hearing. The Judge can decide whether they can report or not. If they are allowed to report, it has to be anonymous. However, reporters can name the Local Authority, CAFCASS Officers, and NHS Trusts. One worry is the risk that parts of reported information could be pieced together to identify parties, although the aim is to make sure that parties cannot be identified.
Reporters should alert you if they want to attend your hearing and so you should be prepared to explain your views on this to the judge. Make sure your representative is able to argue why you feel reporters should not be allowed in if that is important to you.
It is difficult to predict how this will impact individuals in a family case. From our experience, cases regarding children are usually highly sensitive and privacy is a real priority for parents. If there are issues in a case such as hostile parenting, alienation, or allegations of abuse, or false allegations, it can make the court process all the more overwhelming with a reporter present.
It is very important to consider the impact of this scheme if you are involved in a family court case. We help our clients try to resolve disputes without using the courts, and go through with you all the ways you can do this. Sometimes though you need the power of the court to protect you, or your children, or to establish rights to see them. If you need to go to court, or the other parent has started a court case, we ensure we are prepared to argue powerfully against reporters attending if this is important to you.
If you have any questions on this, or other family conflicts, please feel free to email me on [email protected]
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