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20 March 2020
Categories: Legal News , Family , Covid-19
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COVID-19: Safety in the family court

Sir Andrew McFarlane, President of the Family Division, has issued national guidance on COVID-19 for the Family Court and the High Court Family Division
It aims to ‘keep business going safely’, and emphasises that there is a strong public interest in the family justice system continuing to function as normally as possible during the pandemic. While the ‘default’ position should be remote hearings via phone, email or Skype, ‘where the requirements of fairness and justice require a court-based hearing, and it is safe to conduct one, then a court-based hearing should take place,’ Sir Andrew says.

He outlines the categories of case suitable for remote hearings, and gives guidance on how remote hearings should be conducted, including that it must be recorded and that the applicant must file a PDF bundle the day before the hearing, which complies with certain minimum requirements.

Sir Andrew says: ‘These are exceptional and unprecedented times.

‘The situation both nationally and in each locality is changing daily, if not hourly. I am well aware of the intensely difficult and highly stressful circumstances that all those working in the family justice system are currently experiencing and I am greatly appreciative of their commitment to the continued delivery of justice in circumstances which, only a week or so ago, would have been considered unimaginable.

‘This guidance is intended to deliver a very significant change of direction in the method of working within the Family Court, whilst at the same time enabling us to continue to operate and to meet the pressing needs of those who turn to the court for protection and justice.’

View the guidance here.

 

Categories: Legal News , Family , Covid-19
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