Landmark new family court transparency rules come into effect

Landmark new rules have come into effect across England and Wales which will see greater transparency in family courts.

As of 27 January accredited media and legal bloggers can now report on family court matters in more detail, provided they adhere to strict anonymity rules. It is presumed a transparency order will be granted in all cases, unless there is a legitimate reason not to.

It is hoped that enhanced media reporting will allow the public to gain a greater understanding of how the family court system works and, in turn, increase trust in the system.

Chris Longbottom, a family law expert and partner at national law firm Clarke Willmott LLP, said: “The transparency pilot, which was rolled out in Cardiff, Carlisle and Leeds and then to further courts subsequently, was deemed a great success and so it is good to see the changes being made nationwide in family and children law cases.

“Media will now be able to quote parties in their reports, interview people and crucially, will have more access to certain court documents.

“We will need to see how the new rules are treated by the press in the coming months, and media outlets will need to make sure they carefully review the guidelines and stick to them to avoid getting into any hot water.

“It is essential that the privacy and welfare of families, especially of the children, is maintained and is the first priority.

“It will be interesting to see whether the increased transparency leads to more individuals considering alternatives to court hearings, such as mediation, privately held hearings and Arbitration.”

The landmark transparency pilot saw no known breaches of anonymity in reporting.

Chris continued: “The transparency rules aren’t the only significant change in the family law landscape this year, it’s a pivotal time. There are reviews around how financial assets are split in divorce and expected reforms to cohabitation laws to name just a couple.

“These reforms and shifts are essential to creating a fair and just family law system which reflects the world we live in now. As ever, we always advise people to access legal support at the earliest opportunity in order to navigate the complex processes.”

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