Remote hearings in the Family Court

Relevant guidance 

• What to expect when joining a telephone or video hearing
• The Remote Access Family Court

Remote hearing/court-based hearing? 

The decision as to how a hearing is conducted is a matter for the judge, magistrates or panel, who will determine how best to uphold the interests of justice. In considering the suitability of video/audio, judges will consider issues such as the nature of the matters at stake during the hearing; any issues the use of video/audio technology may present for participants in the hearing, having regard to individuals’ needs; and any issues around public access to or participation in the hearing.

Please tell the court or tribunal if there are any circumstances about yourself or your case which may affect or impair your ability to participate effectively in an audio or video hearing. This will inform the judiciary’s decision.

Which technology can be used in order to participate in a remote hearing? 

Remote hearings may be conducted using the following facilities as appropriate to the individual case:

• By way of an email exchange between the court and the parties;
• By way of telephone using conference calling facilities;
• By way of the court’s video-link system, if available;
• The use of the Skype for Business App installed on judicial laptops;
• Any other appropriate means of remote communication, for example BT MeetMe, Facetime and Zoom. 
• Cloud Video Platform (CVP)

Will I be informed if the hearing is to take place remotely? 

In the event that both parties do not have a solicitor, the court will be responsible for arranging the remote hearing. If the court buildings are shut then either a member of staff working remotely or the judge will be required to arrange the remote hearing, the latter involving administrative contact between the judge and the parties if it is to be achieved.

If the applicant has legal representation, the applicant will be responsible for arranging the remote hearing. If the respondent has legal representation and the applicant does not, the respondent will be responsible for arranging the remote hearing. 

Rules regarding confidentiality

A remote hearing will still have to be confidential. Therefore, a party must ensure that they are attending the hearing in private. It would not be appropriate to attend the hearing in a public space where there is the risk that the conversation can be overheard. 

There is also the added security risk of the unauthorised recording of remote family court hearings.

The judge or magistrates must use their best endeavours to ensure that only those who would be allowed into the court room for an oral hearing are privy to the remote hearing and that all parties understand that the system used by the court will record the proceedings and that no other recording is to be made by any of the parties.