Social distancing measures in response to the coronavirus outbreak have disrupted many vital services, including in the justice system, and face-to-face interactions have been adapted. As a result, Family Court hearings can take place remotely.
Will my Family Court hearing be held remotely or in-person?
For now, the default position is that Family Court hearings will be held remotely using phone, video link or emails. However, there may be certain circumstances where a Court-based hearing is necessary in order to ensure fairness and in the interests of justice.
Where such a hearing is safe to take place, you may need to attend in person and decisions about whether to hold proceedings in Court will be made by a Judge, magistrates or a panel. They will consider whether audio or video testimony is suitable for the matters at stake, and the issues they may present for those taking part in the hearing.
What if my case is urgent?
Even in the circumstances where a case is urgent, arrangements may be made swiftly for the hearing to be conducted remotely. If this is not possible but issues must be dealt with swiftly, a Court-based hearing can take place in accordance with social distancing guidelines.
How is a remote hearing arranged?
Your solicitor may arrange a remote hearing, or if both parties have not yet instructed a solicitor, the Court can do so. The applicant’s lawyer is responsible for arranging the hearing but, if none has been instructed, this can be done by the respondent’s lawyer. In situations where the Court buildings remain closed, a member of staff or a Judge working remotely will arrange the hearing.
What technology may be used in a remote hearing?
Remote hearings can be conducted using a variety of communication methods, and the tools that are used will depend on the requirements of the hearing. The following methods may be used:
- E-mails between the parties involved in the hearing
- Telephone conferencing technology
- Court video-link system
- Skype for Business, which has been installed on many judicial laptops
- Any other method of communication deemed to be appropriate for remote hearings, such as Facetime, Zoom or BT MeetMe.
Remote hearings and confidentiality
Remote hearings must be confidential, and all parties to the hearings must attend in private. Under the Coronavirus Act 2020, it’s an offence to make an unauthorised recording of a remote Family Court hearing
Magistrates and Judges must strive to ensure that only those who would normally be permitted to be in the courtroom have access to the remote hearing and that all parties understand the rules.
