publication of decisions in the family
courts may deter people from applying
to the courts and thereby preventing
them having access to justice.
People who need to apply to court may
feel inhibited by the social stigmas and
embarrassment about the breakdown
in their family or abuse they have
suffered. In cases where there is
domestic violence an open court arena
could create a further opportunity for a
perpetrator to threaten media exposure
to maintain control of a victim and
could in some cases deter a victim from
accessing the family courts.
There is no doubt
it is a very difficult
balancing act
Whilst there is a public interest in
knowing the professionals and experts
involved in family law cases some
professionals and experts may now
fear unfair ‘naming and shaming’ which
could adversely affect the experts
and professionals on whom the court
depends upon to help them reach the
difficult decisions they have to make.
Opening up the family courts may also
result in witnesses being unwilling to
come forward to give evidence as they
may feel intimidated by the prospect of
the media coverage.
There will also be cost consequences
related to the publication of judgments
and court time needed to deal with the
attendance of the media at a hearing
which is a concern particularly given the
current lack of resources available within
the family court system.
Whilst we wait to see whether the
measures of opening up the family court
system will imp ɽٔ