Future of remote hearings by videolink or telephone in the family court

Sir Andrew McFarlane, the President of the Family Division, set out his view of the approach that should be taken to remote working in the Family Court.

Resolution have reported on the President’s view on remote hearings in the future, noting that the decision as to the format for each hearing ‘should be taken by the judge in charge of the case.’

He also noted that ‘no one working in the Family Court now expects a return to the working practices that existed in before the onset of the pandemic’. This would indicate that remote hearings in appropriate circumstances are here to stay.

He also touched on reservations as to the use of remote hearings. Noting that ‘the use of remote attendance is not necessarily more efficient and quicker and it is possible to process more cases at court than it is to do so remotely’ and ‘much that goes on (in the family court) has a ‘human’ perspective, which can often be lost online, but is fully present in a court room.’

These important considerations make the choices over selecting remote or in-person court attendance delicate, considering a number of factors, to decide on a case by case basis.

Read the Resolution article on ‘The future of Remote Hearings’ at Resolution’s website.