Opening The Doors Of The Family Courts - A Major Change From 27 April 2009

In December 2008 the Government announced that the Family

Courts, which until now have been almost entirely private, were to

be opened up to the media to allow better insight into the

mechanics of family court proceedings. The stated purpose was to

lift the veil of secrecy that protected family court proceedings

from public scrutiny. No underlying detail was published at the

time and only on 20 April 2009 was any court guidance produced.

The key change brought about by the new rules

From 27 April 2009 accredited members of the media will be

permitted to attend most family law hearings that would otherwise

be held in private (except those hearings designed to aid

negotiations)

The ability of the media to report

The media will be subject to existing reporting restrictions but

we are concerned that they will not necessarily provide

comprehensive protection to parties to family law proceedings

Where proceedings relate to children nothing can be published

during the course of the proceedings which is likely to identify

any child

Where proceedings relate to finances it is unclear at present

to what extent the press will be able to publish information

related to the detail of the case

What the changes mean

These changes expose parties to family law proceedings to

significant risk that the detail of their private lives may be

heard by the media. With inadequate reporting restrictions in

place, there is every possibility that private matters will become

public knowledge directly through the media, indirectly on the

grapevine via burgeoning electronic avenues, or through journalists

using the background information to conduct their own

investigations.

Protecting clients' privacy and confidentiality

The policy objective underlying these rule changes may be

commendable but the implications are potentially far reaching for

high profile individuals. The frankness and honesty that is a

cornerstone of the effective resolution of financial disputes

(whether in the context of an out of court settlement or a final

hearing) may be compromised if one of the parties fears media

scrutiny. The threat of media interest may also be used by one

spouse against the other as an effective 'blackmail'

opportunity to seek a higher financial award in return for

silence.

The new law is unclear and has been drafted and implemented

quickly with little guidance...