Media access and transparency

The family courts were opened to the media with effect from 27 April 2009. The President of the Family Division has issued guidance on media access and transparency in the Family Court and in the Financial Remedies Court. Amendments have been made to the Family Procedure Rules 2010 (FPR 2010) and the associated Practice Directions. Open reporting provisions apply in all family courts in England and Wales from January 2025.

Introduction to transparency in the family courts

Transparency in the family courts has been subject to a wide-ranging review following a consultation and report issued by the President of the Family Division, Sir Andrew McFarlane. A Transparency Implementation Group (TIG) was created and three transparency orders have been published for use by the courts.

There are two transparency pilots:

  1. transparency reporting pilot in the Financial Remedies Court (FRC) (includes financial remedies on divorce, applications under Schedule 1 to the Children Act 1989 (ChA 1989) and applications for financial provision after overseas divorce), and

  2. transparency reporting pilot in the Family Court (excludes financial remedy cases)

On 29 October 2021, the President published

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High Court judgment demonstrates usefulness of section 423 of the Insolvency Act 1986 in Schedule 1 claims (Re P (A Child) (Financial Provision))

Family analysis: In this Schedule 1 case the mother received, for her son’s benefit: a housing fund of nearly £1m (the property to be held on trust); child maintenance (including ‘HECSA’/carer’s allowance) until completion of his first degree; and lump sums in respect of his capital needs and her own substantial liabilities (chiefly relating to her unpaid legal fees). The father (whose resources could be measured in the ‘tens of millions of pounds’) had sought to prejudice the mother’s claims via transferring his valuable shares to family members, who then transferred the same into a trust structure (settled under Czech law). A further onwards transfer was then made of the trust’s assets into a Liechtenstein foundation. Inferences were drawn by the court in respect of the level of the father’s wealth, and specifically as to the value of the transferred shares. Detailed findings were made against him in respect of the identified transactions, which had been the focus of the mother’s section 423 application. Although a section 423(2) order was not actually made, the application was adjourned pending the father’s compliance with the award, with security in the sum of £600,000 also ordered, alongside a continuation of the freezing orders made earlier in the proceedings. David Wilkinson, solicitor at Slater Heelis, considers the issues.

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