I have a family court hearing in two weeks , will I still be able to go or will the court be conducting hearings remotely?

Posted onMarch 26, 2020

If you are getting divorced and trying to sort out the child care custody and contact arrangements for your children or feel that you need to start financial court proceedings to reach a financial settlement you will no doubt be worried about how the coronavirus outbreak will affect your family court proceedings or planned court case. That is totally understandable as even without a pandemic the thought of a family court hearing can be worrying and stressful. One worried client has already asked ‘I have a family court hearing in two weeks , will I still be able to go or will the court be conducting hearings remotely?’

COVID-19 update:

A message from OTS Solicitors - We have already brought online, and deployed the advanced infrastructure, processes and safeguards to allow our professionals and support teams to function fully remotely. Within our client service areas, our teams have implemented plans to ensure that our clients continue to be served without disruption. We would also like to remind our existing and new clients that we have offered a digital consultation option for several years and now in light of the Corona Virus developments we would encourage any clients seeking on-going consultations or new clients to contact our switchboard who will arrange an appointment via our online platform, Skype or telephone conferencing

Online family law solicitors

Pandemic or not, family life as well as separations and divorce have to go on. As online family solicitors the children and family law team of specialist family lawyers at OTS Solicitors can help answer all your family law question and talk to you about the timing of any court applications and court hearings. If you have a family law query and need family law, children law or financial settlement advice call us on 0203 959 9123 or complete our online enquiry form so we can arrange a Skype, video conference or telephone appointment.

Family court hearings – court announcement

In response to the coronavirus outbreak , the president of the family division, Sir Andrew McFarlane, has said that the senior family judges are committed to trying to ensure that the family justice system continues in operation and that it remains ‘business as usual’.

The court guidance, issued with the approval of the Senior Presiding Family Judge was issued on the 19th March and was introduced with immediate effect and is to be followed by all levels of the family court, including family court cases heard in the high court.

The guidance states that there is a strong public interest in the family courts and the justice system continuing to function as normally as possible despite the Covid 19 pandemic, whilst taking precautions to prevent infection and promote social distancing.

Whilst the guidance refers to the possibility of parties going to the court for a family court hearing it was issued prior to the prime minister’s announcement of stringent new measures to contain the coronavirus outbreak and the introduction of ‘lockdown’.

The coronavirus family court guidance is however still of relevance to those caught up in current family law court proceedings or those who need urgent family law advice or a court order or have a scheduled family court hearing.

In the guidance it was stated that the default position should be that all family court hearings should be carried out remotely through either:

Email
Telephone
Video call
Skype
Facetime

You may question how family lawyers and the family court can adapt to remote court hearings but many specialist family lawyers are very experienced in remote working and have previously conducted court hearings by telephone or made representations or submissions about child custody and contact or a financial settlement by email to a family law judge.

In addition specialist family solicitors are used to working remotely with

Those going through a separation or divorce
Family law barristers
Accountants and actuaries
Financial advisors
Pension and investment experts

On complex documents such as the financial settlement Form E or children law statements or expert reports for use in financial settlement court proceedings.

You may wonder how the court can just start to conduct remote hearings without changing the rules formally but that is because the Family Procedure Rules 2010 already provide for the use of remote hearings and technology in appropriate cases. The rules say a family court may hold a family court hearing and receive evidence by telephone or by using ‘any other method of direct oral communication’ and that includes video conferencing, Skype or telephone appointments.

According to the family court rules, there is no category of family court case which necessarily requires the physical attendance of key people in the same courtroom. The court is, for example, already used to hearing witness evidence by video conferencing facilities if a witness is in say Pakistan or Thailand and it is too inconvenient or expensive for them to return to the UK for the family court hearing. In addition high court judges regularly hold remote hearings to avoid parties having to travel across England for what can sometimes be a short hearing.

The court guidance on family court hearings and the coronavirus outbreak says that the following types of family court hearings can be conducted remotely by video conferencing, Skype or telephone appointments:

Children law First Hearing Dispute Resolution Appointments, Dispute Resolution Appointments, other interim hearings and simple short contested cases
Injunction court applications (non-molestation or occupation order or other types of injunction) where there is no evidence that is to be heard (or only limited evidence)
Some types of financial court cases
Some types of local authority court application cases
Other hearings as directed by the judge concerned.

Existing family court hearings and the impact of the coronavirus outbreak

If you have an existing court hearing that you are due to attend court for then the family court may either:

Adjourn the family court hearing
Rearrange the court hearing so it is conducted remotely rather than in person but still goes ahead on the same date and time.

The court guidance acknowledges that the current coronavirus situation is changing so rapidly that decisions on whether to adjourn or go ahead with family court hearings may vary between family courts. However, if a major family court hearing (such as the final hearing of a child arrangements order application or a financial settlement final hearing) has to be cancelled then the court guidance states that the application should be listed for a remote directions hearing to decide what interim orders need to be made as the major hearing can't go ahead and to decide and identify ‘the optimal method of conducting the court process in order to achieve a fair and just hearing of the issues’. That could include a remote final hearing if the court thinks it is possible to ‘conduct the court process in a manner that achieves a fair and just consideration of the issues’.

The court guidance still requires family law solicitors to send the court children law and financial settlement paperwork prior to any court hearing, including remote hearings. This court paperwork should include a case summary and chronology, positions statements, previous court orders that are relevant to the remote hearing and any other essential documents that the court requires to determine the issues as well as a draft court order.

The court guidance on Covid 19 and the impact on family court hearings acknowledges that we are living in ‘exceptional and unprecedented times’ that are changing daily, if not hourly and thus creating additional stresses for all those involved in the family court justice system and participating in it.

Online family law services

The children and family law team of specialist family lawyers at OTS Solicitors have lots of experience of working remotely using the latest secure technology. If you need to start family law court proceedings or need help with existing family law court proceedings or need advice on any aspect of family law call OTS Solicitors on 0203 959 9123 or complete our online enquiry form.

The family law team provide a full digital online family law service so call us on 0203 959 9123 for a Skype, video conference or telephone appointment with one of our specialist solicitors. Whilst we may not be able to meet you in person you will still receive the same excellent level of client service, attention to detail and bespoke family law advice tailored to your personal and financial circumstances and , if you need it, representation in remote court hearings. Call us on 0203 959 9123 for an appointment via our online platform, skype or telephone conferencing.

COVID-19 update: