Updated guidance from the President of the Family Division, Sir Andrew McFarlane, has been released which sets out how the Family Courts will operate under the third coronavirus lockdown and the coming months.
The Road Ahead 2021
The guidance, entitled ‘The Road Ahead 2021’, follows on from and reaffirms the guidance issued in June 2020 (The Road Ahead 2020), setting out the following:
Remote hearings
In an attempt to reduce footfall in Court buildings, the “default position will be to facilitate the remote attendance of all or some of those involved in hearings” and that normal Family Court conditions are only likely to return to some sense of normality once the majority of the UK population have received the Covid-19 vaccination.
The guidance goes on to say that:
- There has been improvements to the technology used for video hearings since the outbreak of Covid-19 and that suitable remote platforms are now more widely accessible and supported at all levels of the Family Court.
- Video hearings are the default format for hearings and audio hearings should only take place where there is a specific, pressing reason for a video hearing not to take place.
In circumstances where a lay party to proceedings is joining a video hearing using only an audio link, the Courts will apply enhanced vigilance to ensure that the lay party is adequately involved with the Court process. This applies to both financial remedy and children law cases.
At Nelsons, our expert Family Law team are fully equipped to deal with remote Court hearings by video or telephone and have been doing so successfully throughout the entirety of the coronavirus pandemic.
Working hours
Due to the advent of remote working, there is greater flexibility and improved processes in the way cases are dealt with and hearings are heard by the Family Courts. Whilst it is more possible for a hearing to take place before 9am (when a Court building typically opens) as a result of remote hearings, it does not mean that it is always right for them to take place due to the individual and collective well-being of Judges and Court staff.
As a result of this and other items outlined in the guidance, the President of the Family Division states that:
“It is, therefore, necessary for me to state that the normal sitting hours of the Family Court are between 10.00am and 4.30pm, with an adequate adjournment at lunchtime. Whilst a judge may decide that additional hearing time will be allocated outside these parameters, this should be seen as an exceptional occurrence, and not the norm, and should be limited to no more than a 30-minute extension to the court day. Cases which are genuinely urgent will, as they have always been, be allocated any necessary hearing time…”
Attendance at Court
Whilst the majority of hearings have reverted, or will revert, to remote attendance, in some cases some form of face-to-face attendance may be required and one or more participants may have to attend Court. It is important that parties be in contact with the Courts in relation to this point and this decision will be at the discretion of the Judge.
Those required to attend Court must abide with all social distancing guidelines.
The full guidance from the President of the Family Division can be found here.
How Nelsons can help
Melanie Bridgen is a Partner in our Family Law team.
At Nelsons, we have a full team of expert family lawyers who are able to advise on Court procedures and processes applicable to your case, taking into consideration the Government’s Covid-19 advice and the health, safety and welfare of you and the other parties to your case.
If you have any questions in relation to the topics discussed above, please get in touch with Melanie or another member of the team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online form.