Re: Spring 2014 | Page 93

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