WILL YOU BE EXPECTED TO WASH YOUR DIRTY LINEN IN PUBLIC?

In December last year the Lord Chancellor and Secretary for State, Jack Straw, announced that the rules will be changed to allow the media to attend family proceedings.  Does this mean when you go to court the local or national press will be sitting in listening to you discussing your marriage and arrangements for the children? 

The Ministry of Justice’s conclusions are contained in the document “Family Justice in View”.  Part of this foreword says:

“The media will be allowed to attend family proceedings; but the court will have the power to restrict both attendance and what can be reported.  We will increase and improve the quantity and quality of information being made available.  We will ensure a child cannot be identified, even after the conclusion of a case.  And we will allow those involved in proceedings to share information to get the help and support they need.”

What is intended is that more light be shed on family courts whilst preserving the welfare of children.  The media will still be subject to reporting restrictions similar to those in youth courts.  The courts will be able to relax or increase these restrictions in some cases and will also have the power to exclude the media from some proceedings altogether where the welfare of a child or safety of the parties requires it.  Therefore the names of children or the schools they attend will not be published.

Where children are not involved the reporting restrictions may be less stringent.  However in divorce proceedings current legislation permits the publication of names, addresses and occupations of parties.  Some local papers regularly published this information in the past although the practice appears to have died out at least in the Stafford area.

What is also intended is that written judgments or reasons for an order will be given to the parties.  That currently happens in the Family Proceedings Court but not the County or High Court.  Therefore a pilot scheme will run in Leeds, Wolverhampton and Cardiff.  These courts will provide a written record of the court’s decision in certain cases including care proceedings.  Such cases are known as public law cases.  However, some private law cases may be included if the outcome of the case was unusual.  Private law cases include applications for residence and contact orders.  In selected cases where the court is making life-changing decisions for a child, an anonymous judgment will also be published online.

We all find change difficult but perhaps the more you know about how the courts work and come to decisions, the less daunting it will be for you if you have to attend court.

For further information regarding family law and divorce issues please contact Julie Wain (01785 211411) or Shani Carr (01889 583871)

 30 March 2009

Disclaimer

The contents of this article are for the purposes of general awareness only.  They do not purport to constitute legal or professional advice.  The law may have changed since this article was published.  Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.