Rapid consultation on remote hearings in Family Law cases

The NFJO was asked by the President of the Family Division to undertake an independent study to look at the views of everyone involved in remote hearings. They spoke to Judges, Lawyers, parents, social workers, Cafcass officers and Court staff to better understand how people were experiencing the remote setup. It also considered good practice ad practical ways to improve the process.

The feedback raised some interesting questions about the fairness of cases undertaken by either telephone or a digital platform such as Zoom, Skype for business and Microsoft teams. It is hard for the Judiciary and the other parties to understand each other’s body language on a telephone call but digital platforms present their own challenges with internet connections cutting out and some parents not having access to the right technology. There are also concerns about the privacy of the connections and who may be present in the room when hearings are taking place.

The general view seems to have been that certain types of cases where the parties are not being asked to give evidence are suitable for remote hearings. These are generally hearings that are mainly case management style hearings.