How private should the family courts be? asks Grant Howell
The media spotlight focused on the country’s divorce process in October, when the McCartneys sat down with their lawyers to thrash out agreement on ancillary relief claims linked to their divorce. The question of privacy in family courts is a topical one. There is no doubt that the current position is confused. Where matters are dealt with in either the county court or the High Court, they are protected from public scrutiny yet they become open to both public and press—subject to reporting restrictions at judicial discretion—should they reach either the Court of Appeal or House of Lords.
LACK OF TRANSPARENCY
There has also been much recent debate centred upon consultation papers issued by the government. The latest, Confidence and Confidentiality: Openness in Family Courts—A New Approach (CP 10/07), was published on 20 June 2007. The focus here is on matters relating to children, but the consultation paper recognises the family courts’ role in resolving financial issues and the far-reaching effects of their decisions.
Concern has been expressed about the lack of
