• March 28, 2024
 Confusion over family court attendance clarified

Confusion over family court attendance clarified

Sir Andrew McFarlane, the president of the Family Division, has clarified arrangements for physical attendance in court following confusion over an earlier announcement.

Confusion arose when Sir Andrew McFarlane issued a message to practitioners stating that the first hearing notice for any applications issued in the Family Division after 1 March will be listed as an attended hearing.

Family law group, Resolution posted the message to Twitter, which stated:

Subject to any other direction the first hearing notice for any applications issued in the Family Division after 1 March 2022 will be listed as an attended hearing. The court will consider any requests made in an individual case for any change in the format of the hearing bearing in mind the interests of justice. The format of any hearing after the first hearing will be subject to the direction of the judge.”

Following this the Law Society Gazette requested clarification on whether the revised procedure formed part of the president’s covid-19 recovery strategy. Practitioners were consequently notified that the message applied to the Royal Courts of Justice only.

The update said:

The PFD’s message below confirms that from 1 March 2022 the first hearing notice for any applications issued in the family division after that date in the RCJ only will be listed as an attended hearing. This is a change from the default position utilised during the pandemic. This message does not impact the current arrangements in place at family courts other than the RCJ. The format of any hearing will be subject to the direction of the judge.”

McFarlane has previously discussed both the benefits and negatives of remote hearings in a paper issued last October, commenting:

A balance has to be struck in each case, but generally that balance should come down in favour of the parties and their lawyers attending all hearings where an important decision in the case may be taken.”

Annie Simmons

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