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Privacy matters

28 February 2008 / Loraine Davenport
Issue: 7310 / Categories: Features , Legal services , Child law , Family
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Most family cases are of no interest to anyone but the parties involved, says Loraine Davenport

There are stark anomalies in the family courts. In one of my cases my client was the mother in a contact application brought by a father whom she alleged had sexually abused their child. Findings were made against the father, which the father appealed. The case had been through five hearings in the county court. The mother was understandably protective of her child’s anonymity and was shocked to learn that the appeal hearing was open to the public. While reporting restrictions would, of course, prevent the parties being named, my client was concerned that there was potential for the general public to hear the details of her private trauma.

 

ANOMALIES

The press has a right to enter family proceedings courts but not the county courts. The higher courts are open so that when matters of law are appealed they are in open court.

The distinction is that the Family Proceedings Rules 1991 (SI 1991/1247), r 4.16(7) applies, which provides that “unless the Court

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