In 2021, the Family Court took steps towards greater openness with the report Confidence and Confidentiality: Transparency in the Family Court. This report aimed to make the court more transparent while still protecting the privacy of those involved in family disputes. One major change from this report was the introduction of the Family Court Reporting Pilot.

What Is the Family Court Reporting Pilot?

Introduced in January 2023 in cities like Cardiff, Leeds, and Carlisle, this pilot allowed accredited journalists and legal bloggers to attend and report on family court cases. The goal was to help the public better understand how family courts work while still protecting the identities of those involved, particularly children. By January 2024, the pilot expanded to cover more courts, including the Central Family Court in London.

What Is a Transparency Order?

While the reporting pilot aims to increase openness, the Family Court still has the power to issue Transparency Orders. These orders protect the privacy of individuals by preventing the release of information that could identify children or families involved in a case. The court can issue such an order based on its own judgment or upon request from one of the parties. The goal is to protect privacy where needed, with each case being assessed individually.

The Case of Goodman v Walker

In a recent case, Goodman v Walker, involving well-known celebrities, the court had to decide whether privacy or transparency should take priority. Typically, the court protects the identities of children involved in cases like this, but Judge Hess chose to publish his judgment without hiding the names of the parties or their children.

Why did this happen? Judge Hess argued that since the individuals had already shared many details of their dispute with the public, any potential harm to their children had already been done. He believed it was more transparent to publish the full judgment without redactions, allowing the public to form their own opinions.

What Does This Mean for Family Court Transparency?

The Goodman v Walker case is an exception, not the rule. In most cases, especially those involving children, the court will continue to prioritise privacy and issue Transparency Orders when necessary. However, this case shows that in certain high-profile situations, the court may choose a more open approach.

Balancing transparency and privacy in the Family Court is complex and evolving. While Goodman v Walker was an unusual case, it highlights how the court can make different decisions based on the unique circumstances of each case. At Vyman Solicitors, we are here to help you navigate family law with sensitivity and expertise, ensuring your privacy is protected throughout the process.

By Tanya Patel Trainee Solicitor I Family Law

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Sources

• https://www.judiciary.uk/wp-content/uploads/2021/10/Confidence-and-Confidentiality-Transparency-in-the-Family-Courts-final.pdf
• https://www.justice.gov.uk/courts/procedure-rules/family/parts/part_27
• Para 88, Goodman v Walker
• Para 93, ibid.
• Paras 93 and 94, ibid.
• Para 94, ibid.