Media and Transparency in the Family Court

Following a pilot which began in a handful of courts across England & Wales in January 2023, we now have open reporting provisions in all family courts across the country. It has been called “a watershed moment” in the history of the Family Court and in family justice.

Are journalists allowed in the Family Court?

From January 2025 journalists and legal bloggers are entitled to attend all public law children’s cases (care proceedings) and from May 2025 they can also attend all private law children’s cases between parents in the Family Court.

There is also an ongoing pilot in all family courts across the country dealing with financial remedy proceedings (ancillary to divorce) which has been extended until January 2026.

The changes mean that journalists are now able to report on what they see and hear, if a transparency order has been granted.

In certain circumstances, the court may provide the reporter with copies of specific documents and allow the parties to be spoken to, so long as their anonymity is protected.  A party cannot be forced to speak to a journalist if they choose not to do so.

What is a transparency order?

If a journalist or legal blogger wishes to attend your hearing, they will need to apply to the judge for a transparency order. This will set out their entitlement to attend the hearing, what documents (if any) they are entitled to see, and any reporting restrictions imposed by the Judge.

Can I prevent a journalist from attending my family court hearing?

The presumption is that a transparency order will be made, and the journalist will be allowed to attend and report on the court hearing, unless there is a legitimate reason to stop them.

Can the names of me and my children be reported?

Restrictions have been put in place to limit what can be reported and to ensure that children and parents retain anonymity. 

What can I do to stop my court hearing being reported to the media?

Consideration should be given to non-court options such as mediation or arbitration which are private and are closed to the media and public.

If that is not an option, you can express your objections to the judge, but it is likely to be very rare for a journalist or legal blogger to be excluded. 

What court documents are journalists entitled to see?

It will depend upon the nature of your hearing and the objections (if any) made as to what documents may be released to a journalist or legal blogger.  The usual documents are position statements and case summaries which ensures that the attendee understands the basis of each parties’ case and what issues the court is being asked to resolve.

Are the media allowed to report on family cases?

Yes, but they must ensure that the names of the parties and children are anonymised and that they cannot be named through jigsaw identification.   For example, a journalist cannot publish names, dates of birth or the details of schools attended by the children or use photographs.

Can I ask a journalist to attend my family court hearing?

Yes, you are entitled to invite a journalist, but they will still need to obtain a transparency order from the judge.  

You are not entitled to give the journalist any documents unless you have permission to do so from the judge as they remain private and confidential.

What is the aim of transparency in the Family Court?

There are various stated aims which led to the pilot beginning in 2023 but they largely centre around allowing reporting on cases that are in the public interest, and improving understanding, trust and confidence in the Family Court.