Since 27 January 2025 open reporting provisions have now been extended to all family courts.
This has opened the doors to journalists and legal bloggers being permitted to report on family law cases; those concerning children in both private and public law proceedings.
These provisions are subject to strict conditions of anonymity and the accredited journalist must apply to the Court for a Transparency Order for permission to report on the Hearing. There is a presumption that this will be granted unless there is a legitimate reason not to.
Why has this provision happened now?
The Family Court Reporting Pilot began in a handful of Courts in January 2023 following a review by the president of the Family Division, Sir Andrew Macfarlane. This was carried out as part of the judiciary’s ongoing work to increase transparency.
The president states that “Improving public understanding and confidence in the Family Court is of fundamental importance.”
What does this mean for parties in Court proceedings?
Parties need to be aware and advised that journalists may be in attendance at a Hearing, whether this is remote, in person or hybrid.
Those journalists, if granted a Transparency Order, can also request documents from the proceedings and speak to parties involved.
There are no known breaches of anonymity of children since the pilot began.
What are the alternatives?
For those parties who wish to avoid Court, there are many Non-Court-Dispute-Resolution(NCDR) options to resolve arrangements for children in a private setting such as;
• Mediation
• Arbitration
• Early neutral evaluation
The focus on transparency in our justice system is important but it must not outweigh the best interests of the child as the overriding objective.
If you are looking for assistance in divorce, financial settlements or any other family law issue, Turner Nicholson provides tailored and sensible legal advice.
Please contact the firm on 0207 336 6000 for the London office, 01327 263 950 for the Banbury office or email mail@turnernicholson.com for more information.
The material contained in this article is provided for informational purposes only and should not be construed as legal advice on any subject matter. The content of this article contains general information and may not reflect current legal developments, verdicts or settlements.
Author: Kathryn Sleight
Dated 29 January 2025