Reporting in the Family Court

Following a successful two-year pilot, which began in January 2023, from 27 January 2025 legal journalists and bloggers will have increasing rights to have greater reporting in family proceedings in England and Wales. The new open reporting provisions attempt to raise the veil on the opaque family court restrictions, which have historically strict reporting, and are part of an effort to improve transparency and better understanding through openness.

Defined as a watershed moment, under the new provisions accredited journalists and legal bloggers are able to apply for a transparency order and unlike previous restrictions there will be a presumption that the order should be granted unless there are good reasons as to why it should not be. The transparency order will allow reporters to have access to the proceedings, greater access to court papers and license to report the events which take place within the courtroom. Reporters will be required to minimise any disruption to the proceedings and to work constructively with the parties.

Initially, the new rules will only apply to public law cases (i.e. care proceedings) but will continue to be rolled out throughout the next year. From May 2025, the new reporting rules will apply to private law proceedings and from September 2025, to include cases heard by magistrates.

The purpose of allowing reporting within the family court is to promote open justice which will be able to create a greater understanding amongst the public of the role of the family court and how decisions are made. Likewise, allowing reporting within the family court will mean a greater degree of accountability for all parties involved.

There are of course concerns about the threat to anonymity following the relaxation of reporting rules. It is important to note that the anonymity of children is protected until the child’s 18th birthday.

Similarly, as part of the application for transparency orders journalists will be told what can and cannot be reported on by the family judge and failure to comply will have serious consequences. Judges will also retain the discretion to determine which cases should not be reported on and where reporting should be postponed in the interest of justice.

If, however, you have concerns about potential media reporting on your family law cases there are a number of alternative dispute resolution methods including mediation or arbitration. The benefits of alternative dispute resolution methods are not only limited to ensuring privacy from reporting but also a greater degree of flexibility and speedier resolution than what can be found within court proceedings.

If you wish to discuss family law matters, our team have a wealth of experience in handling complex prenuptial agreements and will be able to help ensure your assets are safeguarded.