Viewers of mid evening television may be aware of the various current affair programs that are aired. Dramatic and menacing music are followed by the stony faced and concerned reporters giving us something else to worry about. At least it makes a change from Covid-19 in 2022.
Sir Andrew McFarlane, the daddy of family law is giving evidence to the justice select committee. The inquiry concerns transparency and the press’s request to be able to report more fully on family cases in court. It’s a really tricky balance. In 2009 the press won their request to be allowed into court in some family cases that were traditionally totally private. However if they reported more than what was allowed they faced being sent to prison. So the war was over but the battle carried on. There had to be the next step and that is what is being discussed. Otherwise some would believe that the judges and lawyers were in a private club and were ‘all in it together’. This is the tone that was set for the mid week worry tv half an hour programs.
I admit from a layman’s point of view I could be convinced of this ‘secret society’. However having been an advocate for over twenty years, having acted for guardians and parents in care cases, those cases involve very sensitive information about the lives of individuals. Similarly having acted for a parent, or grandparents in child arrangements order cases (or custody, residence and contact cases as the press continues to call them) I am not convinced that all carers of children would want their personal lives splashed over the broad sheets or the tabloids or social media.
Very difficult decisions have to be made by judges and these decisions are based on evidence. But I question whether the press and their readers have the patience to report full, balanced and reasoned judgements based on the individual facts of the case. Would full and responsible reporting sell content or is it headlines or biased summaries that sell content? There should be more transparency and I have faith in the vastly experienced family judge helping the inquiry finding a way forward so that all parties are mildy dissatisfied (the measure of success in family law) going forward in this long running debate.
The public must have greater transparency to have confidence in the family justice system but the families must be protected from the press and their readers opinions as, after all don’t they have the right to be respected in their private and family life?
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