The new normal: COVID-19 and family law

For the last few weeks the national family team at Irwin Mitchell have been closely monitoring the developments regarding the coronavirus. From 17 March we have all been working remotely but remain in close contact with each other and with clients in order to keep the show on the road. As part of this planning we have been considering the wider implications for family law in the weeks and months ahead and have identified the following as particularly pertinent.

Court hearings

On the 19 March Andrew McFarlane the President of the Family Division and Head of the Family Division issued guidance as to family hearings. Acknowledging the difficulties ahead the main guidance is as follows

The default position is that hearings should be heard remotely via email telephone video or skype unless in the requirements of fairness and justice a court based hearing is required and is safe to schedule. Provision must be made for remote hearings to be recorded.

The determination of whether or not a hearing should be remote should be determined on a case specific basis. The following are family hearings that...

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