Will My Family Court Hearing Go Ahead During The Covid-19 Pandemic?
The COVID-19 pandemic has meant changes to the way we are working and so there has been a profound impact upon the Justice System and how the Family Courts are operating.
The first thing to note, is that most Family Courts are still open. You can find a list of the Courts still open and operating here (https://www.gov.uk/guidance/courts-and-tribunals-tracker-list-during-coronavirus-outbreak?utm_medium=email&utm_source=)
However, where possible, the Courts are now operating remotely and so the Courts are only conducting face-to-face hearings where this is absolutely essential. Where a face-to-face hearing is essential, social distancing and other measures will be taken to ensure everyone’s safety. What this means is, if your hearing does go ahead, it is likely to take place either over the phone or via video conference. In Derby, at present the preferred method for hearings is Skype for Business.
Who Decides If My Hearing in The Family Court Goes Ahead During Covid-19?
The decision to proceed with a hearing or to adjourn is made by the Judge and will be considered on a case by case basis. The Judge will have in mind what is called the ‘overriding objective’ which is there to ensure that cases are dealt with fairly. If this cannot be achieved, then the hearing cannot go ahead and will be moved to a later date.
In general, the following can be assumed:
1. If your hearing is listed urgently, it will take place and where possible, will be undertaken remotely
2. If your hearing is listed for a case management hearing it is likely to be able to be properly conducted remotely
3. If your hearing is a final hearing, but neither you nor anyone else is required to give evidence during the hearing, then it is likely to go ahead
4. If your hearing is due to take place over a number of days, it may not be able to go ahead and it may be moved to a later date
5. If during your hearing lots of people are going to give evidence, then it is likely that it will be moved to a later date
It is important to remember however, that cases will be looked at individually. Also, it may be that you do not find out until the hearing is very close about whether it will take place and how.
The Family Court & Covid-19 – What Am I To Expect?
If your hearing does go ahead and is heard remotely, important decisions will no doubt be made about your case and so you will be invited to participate in the hearing in whatever way possible. If you are to attend a hearing by Skype or by phone, you must ensure that you are somewhere private and quiet. The usual rules of a courtroom continue to apply. It also does not mean that the hearing is any less important.
The guidance for local family courts is being updated regularly and so the latest guidance was released on 16 April 2020. There will be further guidance released in May and therefore if your hearing is listed after then, you may have to wait to find out how the Court at that time will be managing your hearing.
The guidance has stressed that this way of working will only continue so long as the COVID-19 crisis continues. Once restrictions are lifted and face-to-face hearings can proceed safely, then the Court will resume normal operation and any Court hearings you have listed once restrictions are lifted, will take place in the courtroom.
This is likely to be an extremely stressful time, but your patience is appreciated. If you have a hearing coming up in the Family Court please contact any of the Care Team at Timms on freephone 0800 011 6666.
Laura Such
23rd April 2020