Charmaine Watkins (Student) 

Many parents are having to appear alone in family court proceedings due to the lack of legal aid. In addition to the stress this causes Covid-19 has caused further problems as many court hearings, including family hearings, are now remote. In the circumstances, many parents are appearing alone and often without the correct technology at these, often life changing hearings. 

Despite this in a survey carried out by the Nuffield Family Justice Observatory out of 1300 people 86% of legal professionals believed that courts are now running more smoothly and being remote has many benefits. 78% of them agreed that fairness and justice was being achieved in many remote cases. This response was not shared by the litigants in person and 88% of parents reported that they were concerned about the way cases were being dealt with, with 66% feeling that the cases have not been dealt with well. 

Family law cases are often confusing and stressful for people who are representing themselves, but it appears that dealing with this from home has caused more issues with 40% of people saying that they did not understand what was happening in trials. Remote hearings involving issues such as domestic violence can cause trauma and stress and having to listen, talk to or see the alleged abuser when they are in their own home can cause further trauma. Another issue with remote hearings is that it can be difficult to create an empathetic and supportive environment for those that need it most. 

Another area which has caused distress is cases that involve interim care orders, particularly relating to babies from families shortly after birth. In many of these cases the mother is having to join the hearing by phone from the hospital which again causes further distress. 

Sir Andrew McFarlane, the president of the Family Division has said in response to a report raising these issues that  many professionals have worked more effectively and there were some benefits for those working remotely however the issues raised need be addressed as it is clear to see that some cases need additional support when remote. 

The president of the Law Society, David Greene, has suggested that cases relating to care proceedings or domestic abuse should have face to face interaction with a professional who can give support and ensure that the people involved fully understand what is going on in the case. He did, however, agree that delays may have a damaging impact on a case, so some cases need to be dealt with quickly to avoid this. He also acknowledged that remote hearings are the only option during the pandemic. 

At Staffordshire University Legal Advice Clinic (SULAC) we offer free legal advice on Family related matters. If you wish to book an appointment with us call 01782 294 800 or alternatively email SULAC@staffs.ac.uk