The media in
the family court
If the media wants to attend a hearing,
they do not need to get advance
permission from the court, they can just
turn up.
If you have concerns about media
presence during your case you or your
legal representative should tell the court,
specifying at least one of the reasons
listed above that you feel is most relevant
to your case. The court will then make a
decision about whether or not to exclude
or restrict the media from your hearing.
You do not have to tell the media
anything if you do not wish to. If you do
speak to them, regardless of whether you
are inside or outside the courthouse, you
need to be fully aware that they might
report whatever you say.
As a Judge recently relaxed the reporting restriction over the
Liam Gallagher and Nicole Appleton matrimonial split and
criticised ‘chaotic’ rules on media coverage of divorce disputes,
it has called many going through a breakup to question whether
the media can attend their court case.
The media has been allowed to attend
family proceedings in all courts since
2009; the law enabling this was
introduced as it was felt media reporting
can help the public understand how
the family court system works and how
family cases are decided. However,
to make sure that children, vulnerable
adults and families are protected from
unwanted publicity, there are restrictions
in place to limit what the media can
report.
The media can be excluded or have
their reporting restricted in the following
circumstances:
• When it is necessary for the interests
of any child concerned in, or connected
with, the case;
• When a party or a witness (or a person
associated with a party or a witness)
needs to be protected – for example,
where a witness’s safety may be at risk
if the media attended court;
• Where the case may be disrupted if the
media is present – for example, if there
is physically not enough space in the
court room; or
• If justice may otherwise be impeded or
prejudiced – for example, where there
is a risk that a witness will not give full
or frank evidence because the media is
present.
Only media representatives who are
accredited members of the UK Press
Card scheme can attend a family
court case. Recording, filming and
photography of any kind are not allowed
in family courts.
When speaking to the media journalists
or anyone else for that matter, you must
remember that in many cases, especially
those involving children, there are legal
restrictions on what you are allowed to
tell people (including journalists). There
are also restrictions on what documents
and evidence used in the proceedings
that you can show them. If you are
unsure on what you can share then
you should seek legal advice before
disclosing any information to anyone
about your case. If you give details that
should not be disclosed you may be
guilty of a criminal offence or contempt
of court.
If you are concerned about the conduct
and reporting of a particular journalist
or media organisation, you can make
a complaint by contacting The Press
Complaints Commission.
If confidentiality is a concern for you
and your family then you may want
to consider alternative options rather
than taking your case to court, such as
mediation, the collaborative process or
arbitration.
By Gemma Hope
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