Family Law - Additional Information

Access by the Media to Family Hearings

Many of you will be aware from recent articles that the Press, as from 27th April 2009, are permitted access to family courts. The hope is that this will demystify both the way in which the courts work, and the processes whereby important decisions about people’s lives are made.

Of course the Press have had access to the criminal courts for some time, allowing them to write reports on the cases heard; however, access to the family courts allows the Press access to the highly personal and private detail contained in each case.

Undoubtedly this will be a concern for many clients; however, in order to provide some protection there are restrictions on the Press and what they may report.

First and foremost the Press cannot attend hearings which are designed primarily for negotiation or conciliation. This covers Financial Dispute Resolution appointments, and First appointments in family financial cases. This helps to preserve the process of negotiation.

The Press are not entitled to see any documentation relating to a family case or to publish it. In addition the restriction on identifying children remains unchanged. It is these provisions which afford families going through this process the most protection.

Whilst the Press have the opportunity to attend hearings, what they ultimately may report will, (unless there is a change in the law or further clarification is provided), be much generalised. Ideally the reporting should concentrate on the court process and the principles applied by the court to reach a decision, and not the personal details.

The Press can be excluded on occasion, but only for good reason, such as to protect a child involved in the case or to protect the safety of a witness or a party.

If there are any aspects of a case which are particularly sensitive, an application to specifically exclude the Press could be made, and the court would make a decision based upon that particular case’s individual details.

It has to be said however that following the implementation of these new rules, there remains some ambiguity; further clarification is required.

The admission of the Press to family cases has a novelty factor at the moment and although we are likely to see journalists around and about the family courts for the foreseeable future, with time this may subside.

If the admission of the Press to any family hearing, concerns you, please contact your solicitor at Bird & Co. Solicitors LLP. We will be happy to advise you further.

If you would like any further information about the above please contact our Family Law Department at Grantham on 01476 591711 or at Newark on 01636 650880. Alternatively you may prefer to e-mail the Firm.

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