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A different future for family law?

03 December 2021 / David Burrows
Issue: 7959 / Categories: Features , Family , Profession , In Court
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Open justice is the default position for all civil proceedings & should be high on any family courts reformer’s list, says David Burrows
  • Sir Andrew McFarlane’s 16-page review.
  • Open justice and the law.
  • Anonymity of children and parties.
  • Release of documents and publicity of court materials.

Sir Andrew McFarlane, president of the Family Division, trails his recent report on transparency in the family courts on the basis of his concern that a journalist can sit in on a family court but cannot always report what is observed. This is ‘not sustainable’ he says.

Over two years Sir Andrew’s concerns have been mulling over, and have been the subject of a variety of consultation. He says he has ‘reached the conclusion that there needs to be a major shift in culture and process to increase transparency’ in the family courts. His review, he says, ‘has focused upon the dual goals of enhancing public confidence in the family justice system, whilst at the same time maintaining the anonymity

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