Sir McFarlane addresses Family Law Bar Association in Manchester

Sir McFarlane clearly set out that it was not his intention to list firm categories of case that should or should not continue to be heard remotely in the family courts. He preferred continuing with the current system, whereby judges and magistrates are trusted to ‘exercise their discretion on a case-by-case basis’ He added that he felt any such guidance would be ‘unnecessarily restrictive.’

He recognised that family courts have now become used to remote working for ‘appropriate hearings’ and that this should be the format of choice where possible.

However he was at pains to state that there are benefits to ‘in-person’ attendance, such as the presence and reality of the court and personnel itself proving conducive to settlement, which could not occur remotely. He also emphasises the human touch which in-person court attendance can provide, so important in the family division.

The President of the Family Division could be called the head of family justice.
This speech was given to The Family Law Bar Association last October.

You can read more on this topic, including Sir McFarlane’s speech in full, at this link.