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    Family Law in 2024

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    As we come to the end of another year, our lawyers reflect on some of the changes (or lack of!) in family law in 2024, and the impact on people going through family law issues.
    Julian Hawkhead, Senior Partner
    Can it really be a year since I last wrote an introduction to the Stowe Family Law end of year blog? In many respects, time has flown by so quickly, but sadly, as my colleagues discuss in the following articles, where the need for reform in key areas of family law is concerned, progress is not as fast.
    Firstly a few words about Stowe Family Law. It has been quite a year for the firm as we continue increase our capability to support more people as they require family law services increasing the number of specialist lawyers across more locations nationwide. Throughout 2024 we opened more offices taking our total number of locations to 94 and we now have 205 specialist family lawyers. We also said goodbye to Livingbridge as our former partners with whom we have achieved so much over the last 7 years and we welcomed our new partners Investcorp to support us through the next exciting chapter. We have some really exciting plans so watch this space!
    With a new Labour Government in place, now is the time to prioritise a legal system that is there to protect the vulnerable and is readily accessible to those in need. It is an essential foundation for a stable and safe society.
    In other areas of the family law world, we have seen an increased impetus to keep couples out of the court system and encourage them to adopt alternative routes to reaching a resolution whether that is mediation or other forms of dispute resolution. The rules that have been introduced feel more stick (through costs sanctions) than carrot but there is no doubt that a resolution reached consensually is longer lasting and less damaging to all parties.
    The need for rights for couples living together without a legal marriage or civil partnership continues to be an area of focus for family law professionals, although there seems to be diminishing hope that the Government will prioritise reform here. A clear legal framework is necessary to define what happens when cohabiting relationships end is much needed.
    I hope you enjoy reading these short articles written by my colleagues and may I take this opportunity to wish you a very happy Christmas season and a healthy and prosperous 2025.
    Tamara Adams on development in fertility law
    This year has not seen as much progress in fertility law as we, as family law professionals, would have hoped. However, some steps have been taken with the amendment to the Human Fertilisation and Embryology Act 1990. Previously female same-sex couples had to undergo screening for infectious diseases such as hepatitis B, C and rubella which could cost up to £1000 and was prohibitive for many. As of November this year, the screening requirements for same-sex couples are on par with those for heterosexual couples as these requirements have been relaxed. In addition, same-sex couples where one or both partners have an undetectable viral load for HIV will be allowed to pursue IVF treatment.
    The ONS reported that women had an average of 1.44 children between 2022-23, the lowest recorded birth rates. Several reasons have been touted for this drop, including the impact of Covid-19, and social changes with women delaying having children to pursue a career. In this context, there is a need for change in fertility laws to make various methods of alternative journeys to parenthood more accessible and the legal process frictionless.
    Unfortunately, we are still awaiting key changes in surrogacy laws which many family law professionals hope to see. The complexities of legal parenthood being assigned to the birth mother, rather than the intended parents, followed by a lengthy process of transferring parenthood, is complicated, costly and stressful, and can be a deterrent. Recently, Baroness Meron met with the Law Commission to discuss the recommendations made in the Commission’s report which was released in March 2023. It is hoped that the Government will release a response soon, putting surrogacy on the agenda.
    I hope to see more change in 2025, particularly in surrogacy, to protect intended parents and make their journey to parenthood a joyful one.

    Ciara Pugh on the need for cohabitation rights
    Taking the media by storm this year was the fall in marriage rates, as reported by ONS, with rates falling to 49.4%, the first time they have dropped below 50%. Although same-sex marriages increased, and there were an estimated 167,000 people in same-sex marriages in 2022, overall marriage seems to be being replaced by couples choosing to live together as cohabitees.
    The fall in marriage rates reflects a changing society, and the need for the law to maintain pace with shifting priorities and family structures. There are a variety of reasons that could be attributed to the decline. For example, these ONS figures are from 2022, where the impact of the Covid pandemic was still being felt on the wedding industry. Nevertheless, the way we view marriage and relationships is constantly changing, and couples are either delaying or rejecting marriage entirely.
    What this does mean is more people are choosing to live together as cohabitees rather than getting married. Although cohabitation is the fastest growing family type in the UK, as it stands there is little to no financial protection for cohabitees should the couple break up or one party die without leaving a Will. This is the case regardless of length of time living together, or if the couple shares children (though there are some financial claims that can be brought for the benefit of children).
    Family lawyers have been campaigning for cohabitation reform for years. In October 2023, a glimmer of hope appeared in the form of Labour MP Emily Thornberry’s promise to make cohabitation a priority should the Labour Party take hold of Government. Disappointingly, such a reform has failed to land on the Government’s agenda as yet, leaving many individuals vulnerable should their relationship end.
    However, the fall in marriage rates has renewed calls for cohabitation reform. I hope that in the not-too-distant future, there will be financial protection for cohabitees. This could be in the form of an opt-in or opt-out system where couples choose whether they wish to have rights. These are unlikely to be the same as those afforded to married couples, but financial protection is needed to protect vulnerable individuals. Our new Labour Government is confronted with an exciting opportunity to finally reform this highly problematic area of family law and let’s hope we see some change!

    Rachael Lodge on the drive to avoid court
    The Family Justice System has been working hard over the past few years to reduce acrimony in divorce and family proceedings, and to ensure families going through relationship breakdowns have the best chance at setting themselves up for a more positive future. This is all within the context of a struggling court system which is underfunded and over-stretched.
    As such, one of the most significant changes in 2024 was an update to the Family Procedure Rules. These are a set of rules followed by courts nationwide which govern practice and standardise court procedures. In April of this year, the rules were updated to place a greater focus on reaching amicable agreements, using non-court dispute resolutions (NCDR) such as mediation, collaborative family law and arbitration.
    The main changes are a wider definition of what NCDR means, broadening the scope beyond just mediation, and including methods such as arbitration, collaborative divorce and private financial dispute resolution hearings.
    Divorcing couples will now need to actively engage in NCDR, or provide a valid reason why this is not possible by laying out their views in open correspondence. Parties now have to express why NCDR is inappropriate in their case using the new FM5 form (for example, due to safeguarding concerns), where before this was simply a tick box exercise. The exemptions for not taking part in NCDR are more limited, and failure to engage may result in cost sanctions. We have already seen this acted on by Judges in several cases in the latter half of the year.
    Although courts could previously adjourn proceedings where Judges felt NCDR would be appropriate, they can now do this without the agreement of the parties.

    The hope is that moving forward, parties family law issues will be able to find constructive ways to resolve differences instead of using the courts. This will not only give the family courts more breathing room but will mean families can build a better post-separation future. The Ministry of Justice is undertaking a wider push to support families by ensuring they are aware of all the options available to them and supported throughout.
    Emily Davies on the Pathfinder Pilot
    The Pathfinder Pilot was initially introduced in March 2022, launched in a small number of family courts, to trial improved information sharing between services like local authorities with the courts. The pilot was a response to a review into the Family Justice System that highlighted how the adversarial nature of family courts and the system itself worsened conflict and further traumatised domestic abuse victims and children. Almost three years later, now is a great opportunity to reflect on the change and development in the pilot itself, and the impact it has had on families.
    The pilot model requires detailed investigations to be conducted by Cafcass – the independent body advising family courts what is safe for, and in the best interests of, the children. Cafcass will prepare a Child Impact report, where they have an opportunity to hear from the child/children before the first hearing to better understand their worries, wishes and feelings, and to evaluate the potential impact of the ongoing family law proceedings, on the child/children involved. Cafcass also investigates any welfare issues, allegations of domestic abuse, and identifies whether non-court dispute resolution would be appropriate. The pilot aims to ensure that children of separating parents are listened to throughout the process, and are given more opportunities to express themselves, as well as improve the experience of survivors of domestic abuse.
    Furthermore, the Pathfinder scheme is working to minimise the trauma domestic abuse victims (and their children) experience going through the justice system when separating from their abusive partner. The improved information sharing through the holistic multi-agency approach and early onset information gathering, means victims do not have to be re-traumatised by telling their story multiple times.
    February 2024 saw the end of the initial phase of the pilot, and it was then rolled out to two further locations, Birmingham, and South-East Wales, ahead of a planned national rollout. Although the national rollout has yet to be confirmed, the progress made by the initial phases of the pilot have been positive. The change in process is being carefully monitored by legal professionals, as well as policymakers and Cafcass.
    At present, it is apparent that a national rollout is not yet on the cards. However, I hope a review into the pilot will be produced in 2025, looking ahead to a nationwide implementation as the family justice system moves towards less adversarial, non-court-based approaches.
    Read more about the Pathfinder Pilot.
     Jake Mitchell on AI and Family Law
    Technology is evolving, and in 2024 we have felt its impact in the legal world. Some of the fastest moving tech is the use of Artificial Intelligent (AI) and its usage in family law.
    AI is not robots, but computer simulation. In law, language models like ChatGPT have an enormous amount of data, phrases and sentences plugged in to predict “what comes next?” in a sentence, forming complex answers. AI can answer questions, but you should take care it is not always accurate. You may have noticed Google’s new AI Overview, which takes a question you’ve searched, and pulls information from various top performing sites to give you a quick answer without needing to click on a particular website. This is helpful to an extent but should not be taken as ‘gospel’ as if the source AI takes from is wrong, so is the answer.
    In family law, AI can be used to make our processes more efficient, saving the lawyer time and saving client money. AI can answer questions outside of office hours, check your documentation for spelling/grammar errors, summarise documents and even take a first-draft note of meetings. It can summarise long documents and organise your thoughts and papers. AI can also help with legal research, but beware, in the US there have been instances of AI entirely inventing cases.
    This is likely only the beginning of some more impressive changes. However, as the technology grows we need to be ever more mindful of the pitfalls. Errors are common, answers not always correct, and oversight of activity is very important. AI won’t replace everything your lawyer can do, and family law involves supporting people going through deeply personal, emotional issues, where empathy and understanding is required. AI cannot replace this, but it can be part of the team.
    Sarah Scriven on Domestic Abuse Protection Notice Pilot
    On 27th November 2024, domestic abuse protection notices (DAPN) and domestic abuse protection orders (DAPO) were introduced by way of a pilot scheme, expected to last one year. It is hoped that these measures will provide better protection to victims of domestic abuse.
    The pilot is taking place in certain areas: London boroughs of Croydon, Sutton and Bromley and Greater Manchester. The perpetrator must live in one of these areas.  The British Transport Police are also able to apply for DAPOs.
    A Domestic Abuse Protection Notice (DAPN) is issued by police to a perpetrator to provide immediate protection for victims of all forms of domestic abuse, even where there is not enough evidence for a criminal charge. The perpetrator and victim must be personally connected. The police must consider that there are reasonable grounds to believe that a person has been abusive to the other person. The DAPN contains specific instructions to the perpetrator, for example not to attend the victim’s home. If the instructions aren’t followed, the perpetrator could be arrested. If the police issue a DAPN, they will also apply for a DAPO.
    A DAPO can also be made by the court to protect victims from all forms of domestic abuse. This order may be made by the court during ongoing criminal family or civil proceedings.  Applications may be made by the police, a victim or by someone not directly involved known as a third party, for example a friend, family member or social workers. Breaching a DAPO is a criminal offence.
    Prior to the pilot, the police could issue domestic violence protection orders, but these only last for 48 hours. A victim could make an application to the family court for a non-molestation and/or occupation order and in the criminal court, a restraining order could be made.
    The introduction of the DAPN and DAPO give victims, but also organisations such as the police and social workers and third parties such as a friend and family an avenue to use to seek protection and it will no longer be down to the victim to make the relevant application themselves.
    A DAPO has no maximum duration, and the court will consider how long it needs to last to protect the victim. A non-molestation will usually last for between 6 to 12 months but can last longer in exceptional circumstances.
    If the pilot is successful, DAPNs and DAPOs are expected to replace domestic violence protection orders. It is hoped they will give police a tool that is more effective and provides longer term protection to victims.
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    Final Word
    I hope you have found this wide array of topics interesting and should you want to find out more about any of the topics we have covered here or any other family law issues please do not hesitate to get in touch.
    With best wishes for the festive season,
    Julian Hawkhead More

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      Transparency Pilot expanded to include private family law cases

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      The Transparency pilot in a select number of family courts has been extended to now allow accredited journalists and legal bloggers to report on what they see and hear in private law cases, including children matters. This is another significant step in enhancing transparency within the family justice system and building trust and confidence.

      Background to the pilot
      The pilot was originally launched by the Family Division’s Transparency Implementation Group in January 2023, initially in three courts, Leeds, Cardiff and Carlisle. The media were able to report on certain public law cases, within specific regulations and under anonymity rules. In January 2024, after a ‘pioneering year of reporting’, the scheme was extended to sixteen further courts, including Liverpool, Milton Keynes and Dorset. In addition, private law cases were opened to the media in the original three courts.
      The Transparency Pilot aims to improve trust in the court system, and by encouraging journalists to witness cases, the hope was that journalists would use their rights to raise public awareness of the workings of the family courts.
      Although there have been concerns about the potential discomfort the presence of journalists could cause to families going through a court case, the pilot is being carefully monitored by the Transparency Implementation Group, with strict anonymity rules.
      The pilot has already seen significant successes and coverage, including a mini-series on BBC Radio 4’s Today Programme, the Press Association, BBC news, the Sunday Times, and the Guardian, to name just a few. In after the first year, President of the Family Division Sir Andrew McFarlane hailed the pilot as a ‘pioneering year of reporting’.
      Extension July 2024
      As of 15th July 2024, the pilot has been extended to now allow reporters access to private law cases, including children matters, in the latter sixteen courts. The control measures remain in place, and reporting is at the judge’s discretion, and if permitted, will be under a Transparency Order, protecting families and specifically children.
      The judiciary is committed to fostering a better understanding of the family justice system and improving confidence in it. The pilot aims to provide insight into the handling of public and private law cases, considering that one of the biggest barriers to people seeking legal help is the misinformation around court and legal processes. More

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      Changes to Family Procedure Rules

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      From 29th April 2024 there will be changes to the Family Procedure Rules (FPR). The current rules have been in place since 2010 and are being updated to place greater expectation on courts, family practitioners and families going through breakdown to use non-court-based methods to resolve financial and children matters.
      What are the FPR?
      The Family Procedure rules govern the process and procedures used in the family court system in England and Wales. They are governed by a committee, the Family Procedure Rule Committee.
      The Rules provide practice directions – essentially how the family courts should run, the powers the Judge has, forms, documentation, etc. They standardise court procedures and practice across England and Wales.
      What are the changes?
      The FPR are being updated to include a new, wider definition of non-court dispute resolution (NCDR). Previously, this has focused on mediation, but will be extended to encompass methods such as collaborative divorce, arbitration, and private financial dispute resolutions.
      The main thing divorcing couples will need to be aware of is that they will now need to set out their views on NCDR in open correspondence, alongside a signed statement of truth. They will be asked to genuinely consider out-of-court methods.
      A failure to engage with NCDR without good reason (for example, the case involves domestic abuse), will likely have cost sanctions, and may affect who pays the litigation fees in financial dispute cases.
      Circumstances that qualified for mediation exemption will also be narrowed.
      Courts will also have the power to adjourn proceedings if the Judge feels that NCDR would be appropriate, allowing time for the couple to engage in a form of NCDR. This can now happen whether the couple agrees to it or not.
      These changes will mean a considerable cultural shift, helping couples explore ways of resolving their disputes without going to court.
      The aims are:

      Support amicable dispute resolution
      Support the wellbeing of children by keeping matters out of court
      To relieve pressure on the courts

      What options are there for non-court dispute resolution (NCDR)?
      Divorce is rarely straightforward, and no two cases are the same. Your solicitor will be able to explore your options of NCDR with you at your first consultation to see which, if any, will be appropriate in your unique case.
      Some examples of NCDR include:

      What does this mean for me going through a divorce?
      The key thing to be aware of is that you will no longer be able to simply tick a box to say that mediation is not appropriate for your case. Where NCDR is not possible, you will need to explain to the court why this is.
      Failure to engage in NCDR without a valid reason will likely come with cost sanctions.
      This is part of a wider drive by the Ministry of Justice to support families going through relationship breakdown by ensuring they are fully informed of the options available to them and supported throughout the process.
      Useful Links
      Court Fees Rising May 2024
      A Guide to Financial Dispute Resolution More

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      Family Court Fees to Rise

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      The Family Court fees are expected to rise soon, as a result of the Government’s proposal that court fees should increase by up to 10% in 2024. It is anticipated that these changes will happen in April 2024.
      The Ministry of Justice has stated that ‘implementing increases to court and tribunal fees is vital to our ongoing work to protect access to the courts for all those who seek justice.’
      The aim is to ensure that the courts can be properly resourced, as the increases will generate between £34 million and £42 million a year.
      Court fees have not increased since 2021, and the incoming change is to ensure that the courts can keep pace with increased costs, as well as improving service and reduce the taxpayer’s costs. The increased income will also support in subsidising the cost of the free services offered by the family courts.
      Prospective changes will include changes to the cost of getting a divorce or civil partnership dissolution, as well as price increases for child arrangements orders, financial orders that are not by consent, and applications for parental orders.
      Below we break down the changes.
      When the changes come in, the cost of a divorce/civil partnership dissolution application is set to rise from £593 to £652.
      Child arrangements orders will also see an increase in cost, rising from £232 to £255. Child arrangements orders are put in place by the court to set out responsibilities regarding children, including their living arrangements and their contact with both parents.
      Other children issues will also see the same cost increase, including orders such as Specific Issue Orders, Prohibited Steps Orders and Special Guardianship Orders, as well as applications for parental orders.
      The cost of an application for adoption, or permission to apply for adoption will rise from £183 to £201.
      A financial order application, not by consent, will see a cost rise from £275 to £303.
      In addition, financial consent orders are set to rise from £53 to £58.
      The Government website has a full breakdown of all the fee changes. More

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      Expansion of Family Court Transparency Pilot to 16 more courts

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      In another significant step towards enhancing transparency within the family justice system, the judiciary has announced the expansion of the transparency reporting pilot.
      Described as a ‘huge step,’ this initiative aims to provide insight into family court proceedings.
      The transparency implementation group reporting pilot, which began in the family courts of Leeds, Cardiff, and Carlisle in January 2023, is set to expand to 16 additional courts across England, including Liverpool, Dorset, and Milton Keynes starting January 29th 2024.
      2024 Expansion of Family Court Transparency Pilot
      Under this ongoing pilot, accredited media and legal bloggers can report on the proceedings, subject to strict rules of anonymity. Judges presiding over the courts involved in the pilot will issue transparency orders outlining what information can and cannot be reported.
      The judiciary emphasises that this reporting initiative is being carefully piloted to ensure it can be conducted safely and with minimal disruption to those involved in the cases and the functioning of the courts.
      Sir Andrew McFarlane, Family Division president, hailed the extension as a continuation of the ‘pioneering year of reporting’. He expressed the judiciary’s commitment to increasing transparency, improving public confidence, and fostering a better understanding of the family justice system.
      Sir McFarlane invited members of the media to familiarise themselves with the provided guidance and visit family courts to witness the vital and challenging work undertaken in these settings.
      Understanding the impact of family court reporting
      The announcement has garnered positive reactions from legal professionals, with many viewing open reporting as a crucial step in addressing the challenges faced by family courts, such as backlogs, and hopes it will contribute to public understanding.
      Jake Mitchell, Leeds-based Stowe family lawyer echoed this “One of the biggest barriers to people seeking help with their legal issues is the amount of misinformation which is readily available and repeated.”
      Although some have raised concerns that journalist presence could cause potential discomfort to people going through the family courts, its hoped that journalists will use their newfound rights to raise public awareness of the workings of financial remedy courts and the strain they face due to under-funding.
      Locations included in the expansion of the Transparency Pilot
      The 16 courts participating in the pilot include Liverpool, Manchester, West Yorkshire, Kingston-upon-Hull, Nottingham, Stoke, Derby, Birmingham, Central Family Court, East London, West London, Dorset, Truro, Luton, Guildford, and Milton Keynes.
      Jake Mitchel continued “My colleagues and I welcome the expansion of transparency in the family courts. The more the public knows what goes on inside a court room, the greater the trust and confidence will be and that should lead to the right result for more people.” More

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      I’m not the ‘breadwinner’ in my divorce

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      ‘Breadwinner’ is a term often thrown about with little consideration for its meaning. Traditionally, the ‘breadwinner’ in a relationship was the man as it was assumed that whilst the husband went out to work, the woman would keep house and raise the children.
      However, as society has moved on and gender roles changed, the breadwinner could be either party, or there may not be one at all. It may also be that most of the money in the relationship has come from one partner, for example from inheritance or the result of house sales or a business.
      So, what happens if you are the lower earner in your relationship? Money worries may be at the forefront of your mind when considering divorce or separation. Questions like ‘Can I afford to live by myself?’, ‘How will I afford divorce?’, ‘What will happen to the house?’ and many more may be concerning you.
      However, if you are not the ‘breadwinner’ in your relationship, you still have a safety net in divorce.
      In divorce, the Court will work from the starting point of a 50/50 split of finances and assets. A financial settlement is an agreement which will iron out financial issues and fairly separate the assets once a marriage has ended.
      In brief, a Court will look at the future income and earning capacity as well as the needs of each party going forward. If you are not the breadwinner i.e. you’re the lower earner or have no income, this will be taken into consideration in the financial settlement.
      However, it is also important to remember that spouses are not automatically entitled to an equal share of their partner’s income.
      Who pays the legal fees?
      One of the first concerns may be about who pays the legal fees in divorce. The general rule is that each partner will pay their own legal costs. The cost of divorce includes the court fee of £593, plus any solicitors’ fees should they be instructed.
      The person applying for the divorce – known as the applicant – will pay the court fee. If the application is a joint one, applicant 1 will pay the fee.
      You can find out more about who pays the legal fees in divorce here.
      Financial Disclosure and Spousal Maintenance
      Financial disclosure happens early on in divorce proceedings, usually through the completion of a Form E, and should be an honest setting out of the finances and assets of the marriage. Once the forms have been filled in, there is time for the ex-spouses and the solicitors to ask questions.
      Providing everything has been disclosed properly, an agreement can then be made on the future needs of each spouse.
      The court will then review the agreement and decide whether it is fair.
      In situations where one spouse has a much higher income than the other, there is likely to be an extended period of financial support, known as Spousal Maintenance. This can be decided between you and your partner, or the court can order the financially stronger party to pay the other a monthly income. It is expected that both parties should have a similar standard of living after the divorce that they did prior to divorce.
      Spousal maintenance is only available for couples who were married and tends to be more common for divorcees who were married for a long time.
      Spousal maintenance is available for both men and women, as it depends on who was the breadwinner in the marriage. Traditionally, men paid women spousal and/or child maintenance. However, social changes and modern-day working lives mean that either the husband or the wife in heterosexual marriages can pay maintenance costs.
      In same-sex marriages, the same applies in that either party can be the breadwinner and will therefore be required to pay the financially weaker party some form of ongoing income.
      Some couples opt for a ‘clean break’, wanting to cut all financial ties with their partner as soon as possible. To obtain a clean break, you must have a financial order approved by the Court, which also prevents your partner making any financial claims against you in the future.
      Pensions
      Pensions are often ignored in divorce proceedings, especially when the individual has sought no legal advice. However, they are one of the most important aspects in the financial part of divorces but can be complicated.
      As with divorce generally, one party is not automatically entitled to an equal share of their partner’s pension.
      Pensions are complicated, particularly so in divorce, so it is important to seek legal advice, especially if you are the lower earner.
      What’s the best option?
      What’s ‘best’ is unique to the individual and their circumstances. The most helpful thing to do is to seek advice from a family lawyer who will be able to guide you through the options and help make that decision.
      The most important thing to remember is even if you are not the breadwinner in your relationship, financial settlements and the court will take this into account.
      If you are separating, but not divorcing, because you and your partner never married, a Separation Agreement is likely to be an option for you. This document, whilst not legally binding, can be used to formally document the division of assets and finances, including pensions as well as child arrangements and other considerations. More

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      Transparency Pilot in the Family Courts – What You Need to Know

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      Taking a family dispute to court is an inherently stressful experience. When you factor in the wide scope a court has in making decisions for you and your family, combined with the perceived secrecy of the family courts, it can be an uncertain time for all.
      With the lack of transparency and accountability both long-term concerns of the existing system, there are major changes planned for UK family court proceedings.
      This guide will take you through the changes being piloted in what is known as the Transparency Pilot.
      The family courts
      Unlike the criminal courts, which are open for the public to access and frequently reported on, going through family court is a private and confidential process. Because of this, many members of the public know very little about family law proceedings. Often, their only exposure to the family court system is television programmes like Judge Rinder, and US-style televised litigation (think Amber Heard vs Jonny Depp or the OJ Simpson trial).
      Until now, journalists, bloggers and reporters have not been allowed in family proceedings (with some rare exceptions and the judge’s permission) and the information shared within family court cases is private. You could even go to prison, or be fined, for sharing information about proceedings, even your own case.
      For years, it’s been debated whether there should be more transparency in the family courts. Contributing to the slow pace of change is the tension between two major factors: the need to boost public trust in the family court and the need to maintain confidentiality and privacy for those who use the family court to resolve family disputes.
      What is the Transparency Pilot?
      The Transparency Pilot is UK government-initiated scheme launched in Leeds, Cardiff and Carlisle on 30th January 2023. It aims to allow ‘pilot reporters’, including accredited journalists and legal bloggers, to report on cases heard in the family court, subject to strict rules of anonymity.
      Reporters’ access is being tested to ensure that it can be done safely and with minimal disruption to those involved in the cases and the courts.
      Under the new rules, a judge will set out what can and cannot be reported by making a “transparency order” which allows for the following:

      Journalists, reporters and bloggers can come into family court hearings, watch the hearing and then report what happens;
      Journalists, reporters and bloggers can look at certain documents from the case;
      You can talk to journalists, reporters and bloggers about your own case;

      The cases will still be anonymised. No one is allowed to name or take photos of the mums, dads, husbands and wives or their children. Although it may be possible for you to recognise your case based on specific details (particularly in the local press) crucially, the aim is to make sure that others cannot identify your case by any of the facts reported.
      Under the pilot, who can attend and what can they see?
      The only people allowed access to report on your case are journalists with a UK Press Card, or a lawyer who is not involved in the case but is authorised to attend hearings just like a journalist (also called a legal blogger).
      This prevents any member of the public or person with an interest in your case coming to your hearings under the guise of being a journalist.
      The journalists can only see the basic case documents, which explain what the case is about and what the parties’ positions are – if they want to see anything else, such as a report from a social worker or a report into your pension then they must ask the judge for specific permission.
      What if I don’t want my case to be reported?
      Firstly, do not panic. For the time being this trial is taking place in just three courts – and not every case in those courts will be reported on – the judge will decide in each case whether it is a suitable case for journalist access to be allowed.
      If the judge decides that it is, but you would like it to remain private, you can request that the transparency order be changed.
      The judge will balance the things that you are worried about against the overall aim of the pilot – to make the family court a more open and understood system – and then decide whether the reporting can continue.
      And remember, no matter what the judge orders, you don’t have to speak to a reporter unless you want to.
      Why is the Transparency Pilot happening?
      There are multiple reasons, but fundamentally the overall aim is to improve the courts and make law fairer for everyone.
      In the world of law, the usual cases that get reported are typically ones that reach the higher courts – complex divorce cases with millions (or billions) in assets, international children cases and ‘high profile’ celebrities.
      This means that the everyday judgements are not open to public scrutiny, therefore patterns of decisions and perceived biases cannot be seen and the risk of a miscarriage of justice increases.
      Over time the hope is this will change. With enough reporting of everyday decisions the expectations of the court will be better understood and both the judges, and the courts will be held accountable for the procedural issues.
      What do the lawyers think of the transparency pilot?
      Every solicitor is different, but the overarching feeling is that this is a long overdue change. We spoke Leeds-based Stowe family lawyer, Jake Mitchell, one of our solicitors working within the pilot, to ask his thoughts:
      Q. What can a parent or spouse going through the family court at Leeds expect to change?
      JM. Very little. Considering the number of cases that go through the courts each day, chances are that an individual’s case won’t be reported on in any event. However, if they do, then they should expect to receive the same respect and confidentiality they would have received before the pilot. The reporters and legal bloggers that are allowed into hearings will not have any impact on your case, and they should be well versed in the law (perhaps lawyers themselves) so one would hope their subsequent reporting should be accurate.
      Q. What can a parent or spouse do if they don’t want to be reported on?
      JM. Tell their solicitor and ask for the judge to be made aware. If you think that your ability to go through proceedings will be impaired by the presence of a reporter then the judge may well decide that your case can be excused from the pilot.
      Q. What do you expect to see change in the long term?
      JM. With common issues such as when a mother is moving home and wants to change her son’s school, or when a father wants to take his daughter to on holiday but the mother says no, there is little to no precedent to go on.
      If the pilot goes well and reports on these everyday disputes become better understood, it will help mums and dads, husbands and wives in knowing what to expect.
      It may also encourage compromise and co-parenting outside of the court – if you already have a good idea what is going to happen, then you may be minded to think about settling early without the need to attend court. More