Will my Family Court Hearing still take place during lock down?

Q. Will my Hearing still take place whilst we are on lock down?

A. Whilst the courts are inevitably facing new challenges due to Covid-19, it is important to still prepare for your hearing to take place, albeit not in the conventional way. Solicitors and litigants in person will still be expected to comply with court deadlines, prepare bundles and be prepared for hearings which are listed.

Whilst different court facilities will vary and you should check with your local court, all hearings, where ever possible, should still take place using remote measures. This will include hearings by phone or video links.  There are helpful links and videos available to set this up, which your solicitor can help with as well.

Of course, remote hearings will not be appropriate for everyone, with there being some exemptions, including litigants in person who are:

• Homeless
• Chaotic because of alcohol or drug use
• Has learning disabilities
• Has significant mental health issues
• Has other needs or disabilities which would mitigate against telephone hearings

Whilst the court can hear evidence via remote means, there are further difficulties with a final / contested hearing being conducted this way. For example, if an interpreter may be required or the case is considered as not being suitable for other reasons.  The current guidance states that ‘inevitably’ contested and final hearings will be heard remotely.  Failing which, the court system will experience backlogs and intolerable delays.  For the same reasons, parties are being encouraged to think twice and try to find compromise before seeking adjournments.

If you are unsure if your hearing should be adjourned for the above or any other reasons, such as someone being unwell with Covid-19, please seek legal advice on the best steps to take. You should not ignore your concerns and assume the court is closed, as you will still run the risk of sanctions for breaching orders and orders being made in your absence.  Likewise, if you are concerned about your case or hearing, our solicitors are available to help, including short notice hearings.

Our specialists have worked hard to set up for remote hearings and continue to work with other professionals, barristers and the courts to ensure that we are as prepared for the next few months and a court system which will look very different on a day to day basis.