Deputy Head of International Family Justice: "Remote Access Family Court has been, on balance, a success"

On the 21st of May Mr Justice MacDonald, Deputy Head of International Family Justice for England and Wales addressed the International Academy of Family Lawyers. The conference was held remotely by Webinar.

Mr Justice MacDonald discussed the benefits of remote hearings, outlining how they had enabled maintenance of the rule of law. He also stressed how ‘vulnerable children and families and families in crisis retained effective access to justice for the resolution of issues arising out of family break down and child abuse and for the protection of their rights.”

Despite this, he also summarised the disadvantages: not all cases are suitable for remote hearings. He stressed that the necessary attributes of empathy and humanity which can be communicated effectively in face-to-face situations at family court may be at risk. The essential components cannot afford to be lost during remote court proceedings.

Another challenge is to equality and access. Consideration must be made to those with poor or no internet access or who lack access to the appropriate technology. Those with better computers and IT skills must not be placed in an unfairly advantageous position.

Although the prediction was that remote hearings will likely remain “one of the tools for the administration of family justice long after the end of the COVID-19 pandemic,” Mr Justice MacDonald was also clear that so far no settled method of operation was established. Addressing the valid concerns of all court users would be necessary.

You can read Mr Justice Macdonald’s full webinar text by downloading the pdf at this link.