One year on - the impact of the opening of the Family Courts
6 May 2010
Download a PDF of this bulletin
Download The Time article by Francis Gibb, The Times - 6 May 2010
One year ago, the family courts were opened up to the press. The press now have access to hearings about divorces and matters relating to children which particularly affects high profile or high net worth individuals who are often of interest to the media. However, procedural steps can be taken to protect the privacy of the people involved in the divorce and to avoid the divorce becoming the front pages of tomorrow’s news.
On the first anniversary of the open access to the family courts, Rachel Atkins, a partner at Schillings, told The Times: "The changes were a misguided and politically motivated fudge that has understandably satisfied neither side." See aticle in The Times.
The threat of media intrusion for high profile and high net worth individuals involved in divorce or children's proceedings remains a real concern. Schillings’ family law expertise is part of the firm’s wider reputation protection services and our success in both privacy matters and family law enables the firms to offer a level of insight to our clients that other firms cannot. We believe that people are entitled to protect their privacy and that of their families during what is likely to be a traumatic time in their lives.
Worryingly 25% of Court mangers say that members of the press have taken advantage of their access rights. Whilst there are some restrictions in place in connection with press reporting, the starting position is that the information is being made available to journalists at hearings about financial matters, plans for the future and issues concerning children. Once they have that information, it is obviously then difficult to control what is done with it.
If a strategy to avoid the press intrusion at Court is not planned at the outset, nothing can be done at the last minute before a hearing to exclude them. Preparation needs to begin at the start of a case – for example, in terms of the evidence presented and the procedural steps followed so it is vitally important that your family law firm not only has sound experience of managing family matters but also has the expertise to know how
to handle the media.
It is also crucial that high profile or high net worth individuals, who are at risk of media intrusion, take legal advice in connection with the following:
• Marital contracts ("pre-nups" and "post-nups") to avoid protracted disputes over financial matters
• Resolving disputes out of court
• Devising a media management strategy.
All of these can preserve privacy whilst at the same time crystallizing a party’s position allowing them to move forward with certainty and protection.
More information
Access all areas: A principle approach to media access after Re Child X
Schillings family team shortlisted for the Lawyer Awards 2010