Media access and transparency

The family courts were opened to the media with effect from 27 April 2009. The President of the Family Division has issued guidance on media access and transparency in the Family Court and in the Financial Remedies Court. Amendments have been made to the Family Procedure Rules 2010 (FPR 2010) and the associated Practice Directions. Open reporting provisions apply in all family courts in England and Wales from January 2025.

Introduction to transparency in the family courts

Transparency in the family courts has been 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) was created and three transparency orders have been published for use by the courts.

There are two transparency pilots:

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

On 29 October 2021, the President published the Transparency in

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Latest Family News

Family weekly highlights—27 March 2025

This week's edition of Family weekly highlights includes details of a new protocol on the disclosure of information between coroners and the Family Court in cases involving fatality. Analysis of a High Court decision on unlawful surrogacy arrangements is also set out, together with notable aspects of the Chancellor of the Exchequer’s Spring Statement, analysis of recent judgments on whether a Mesher order was appropriate, forced marriage protection orders and appeals made out of time. A new Practice Note on the citation of authorities in the family courts and a new flowchart on applications under Part 18 of the Family Procedure Rules 2010 are also set out.

High Court warns against unlawful surrogacy arrangements (Re Z (Unlawful Foreign Surrogacy—Adoption)

Family analysis: An unusual predicament faced a couple in this case where they sought to be recognised as the parents of two children after an unlawful foreign surrogacy. This decision brought into sharp focus the legal and ethical dilemmas that arise when intended parents embark on illegal surrogacy arrangements in a foreign country. A significant feature in this case was also that the applicants were in their sixties and had not given sufficient consideration to the impact on the children of their age. Ultimately the only orders that were appropriate in the circumstances were adoption orders which were granted by the court. Tahmina Rahman, barrister at 1|GC Family Law Chambers, considers the issues.

Disclosure of information between coroners and the Family Court in cases involving fatality

The President of the Family Division, Sir Andrew McFarlane, and the Chief Coroner, Her Honour Judge Alexia Durran, have published a new protocol and good practice model the— 2025 Protocol and Good Practice Model: Disclosure of information between coroners and the Family Court in cases involving fatality which takes effect from 24 March 2025 in cases involving the death of a child or adult where the circumstances of the death may be relevant to, and/or have the potential to inform, the assessment of risk concerning the subject children in family proceedings. The protocol is a guide to best practice for Family Court judges and coroners where there are parallel proceedings. It provides guidance on the flow of information between the two jurisdictions, and on dealing with requests for testing of the deceased to establish paternity. It also explains how Family Court judges and coroners can work together to seek expedited post-mortem examination evidence, in cases where care and welfare decisions for surviving children cannot be made until the cause of the deceased’s death is determined.

Family weekly highlights—20 March 2025

This week's edition of Family weekly highlights includes details of a consultation on the regulation of experts in family law children proceedings, together with the latest Family Procedure Rule Committee meeting minutes. Analysis of recent judgments on premature infant injury, the division of assets in financial remedy proceedings and coercive and controlling behaviour are also set out.