Increased transparency in the family courts to be the way forward

On 29 October 2021 the President of the Family Division Sir Andrew McFarlane published a report with his conclusions on the issue of transparency in the family courts. His view is clear: it is possible to enhance public confidence in the family courts whilst also safeguarding the privacy of the families and the children who turn to the courts for protection and resolution. Increased transparency in the family courts is plainly a top priority for the President; it should be the ‘new norm’.

The issue of transparency has been “rumbling on continuously for 30 years and maybe longer and it has never been properly addressed” as the President reports. Family cases rarely attract media interest unless they are big money cases or celebrities are involved. However there are now far more legal boggers that are keen to publicise the more inconspicuous cases. In reality these cases form the vast majority of many family lawyers’ caseloads. It must be fair to say that we can most definitely expect much more publicity of family matters than there has been hitherto and clients should...

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