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New Rules Enhance Transparency in Family Courts

20 Dec, 2024 | Family Law

Starting early next year, journalists and legal bloggers will be permitted to report on family court cases across England and Wales, following new rules approved by the Ministry of Justice. This initiative aims to increase transparency within the family justice system.

Currently, a transparency pilot operates in nearly half of the family courts in England and Wales. Under the new regulations, media representatives can request transparency orders in all family courts, allowing them to observe proceedings, access key documents, and interview families—provided anonymity is maintained. Judges will retain discretion to deny such requests, but there will be a general presumption in favour of reporting.

The rollout will be staggered, beginning with public law cases, such as care proceedings, followed by private law cases involving separating parents, and eventually extending to magistrates’ courts. The changes are set to commence on 27 January 2025.

Family courts hold significant authority over private family matters, including decisions about child custody and removal from parental care. Recent cases, such as that of Sara Sharif, highlight the profound impact these decisions can have on individuals’ lives.

Over the past two years, BBC News has demonstrated how transparency orders can uncover stories of public interest while safeguarding family privacy. For instance, in November 2023, the BBC reported on a young mother in Cardiff who spent £30,000 in family court to protect her daughter from her ex-husband, a convicted paedophile. This coverage prompted MP Harriet Harman to address a legal gap, leading to a proposed amendment in the King’s Speech.

Lucy Reed KC, founder of the Transparency Project, described the expansion as “a great step forward” but noted that “there is still a great deal more cultural and practical change required before the Family Court can say it is operating as transparently as possible.”

These developments mark a significant move towards greater openness in family court proceedings, aiming to balance public interest with the privacy of those involved.

What To Do Now

If you’re considering divorce or separation, family mediation offers a constructive, cost-effective way to resolve disputes without the stress and expense of going to court. By working with a professionally trained mediator, you can reach practical agreements that reflect the needs and interests of everyone involved — especially children.

At We Mediate, we provide a comprehensive range of services to support you through every stage of your separation. Our experienced and accredited mediators help you navigate complex issues such as financial arrangements, child contact schedules, co-parenting strategies, and communication challenges, all in a safe and confidential setting.

We believe every family deserves a fair, respectful, and accessible path through separation. Our focus is on creating balanced outcomes that prioritise the wellbeing of all parties, and our commitment to affordability means we can support families across England and Wales, no matter their circumstances.

Before starting mediation, you will need to attend a MIAM — a Mediation Information and Assessment Meeting. This is a confidential one-to-one session with an accredited family mediator, where you’ll learn more about how mediation works and whether it’s suitable for your situation. We can usually arrange MIAMs quickly, often within 24–48 hours, with daytime and evening appointments available. Book your MIAM today to take the first step towards resolving matters in a more cooperative and less adversarial way.

If you’re ready to explore a more amicable approach to divorce or separation, we invite you to browse our website or contact us directly. Whether you’re just beginning to consider your options or are already in the midst of proceedings, our team is here to guide and support you at every stage. Schedule your consultation today and discover how mediation can help you move forward with clarity and confidence.

You can call us on 0333 567 1676 or click here to send us a confidential email.

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