Media access and transparency

The family courts were opened to the media with effect from 27 April 2009. Media access is subject to stringent rules and is largely focused on allowing the media to attend hearings with restricted reporting. The President of the Family Division has issued guidance on media access and transparency.

Transparency

Transparency in the family courts is currently subject to a wide-ranging review following a consultation and report issued by the President of the Family Division, Sir Andrew McFarlane. A Transparency Implementation Group (TIG) has been set up and a standard transparency order published for use by the court.

There are currently two transparency pilots:

•
Transparency reporting pilot in the Financial Remedies Court (includes financial remedies on divorce, applications under Schedule 1 to the Children Act 1989 and applications for financial provision after overseas divorce), and
•
Transparency reporting pilot in the Family Court (excludes financial remedy cases)

On 19 June 2024, the President published Transparency in the family courts publication of judgments practice guidance as part of the concerted move towards greater transparency in the Family Court. The guidance aims to provide practical advice to judges, legal

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Latest Family News

Family weekly highlights—21 November 2024

This week’s edition of Family considers the interface between property law and financial remedy in the context of bankruptcy and the role of the financial dispute resolution hearing in financial remedy proceedings. Four new flowcharts setting out the steps to be taken in applications for financial provision after overseas divorce or dissolution and applications for pension sharing orders are set out, together with details of a new webinar on AI and family law.

Exceptional reasons required to bypass FDRs (GH v GH)

Family analysis: In GH v GH, Mr Justice Peel confirmed the importance of the financial dispute resolution hearing (FDR) and that bypassing this hearing to go from first appointment to final hearing is only appropriate in exceptional circumstances. This applies even where financial positions are not fully crystallised at the time of the FDR.

Family weekly highlights—14 November 2024

This week's edition of Family weekly highlights includes details of the latest Family Procedure Rule Committee meeting minutes, the President of the Family Division’s address to the British Society of Paediatric Radiologists and the Family Justice Council’s 17th annual debate. Judgments in relation to parental orders, charging orders and overseas adoption are considered. Details of a new toolkit on Scottish family law are set out.

The interface between property law and financial remedy in the context of bankruptcy (DDR v BDR)

Family analysis: This judgment shows the court adopting a highly structured approach to the determination of questions of property law prior to the determination of a financial remedy application against a backdrop of bankruptcy proceedings, procedural and evidential confusion and limited involvement of lawyers until a late stage. It is also a user-friendly reminder of the court's approach to common intention constructive trusts and the quantification of beneficial interests in a sole legal owner case.