Litigation Letter
Transparency
‘There is undoubtedly a need to make the family justice system more transparent, if only because it has been on the receiving
end of a lot of largely unjustified criticism. In a number of cases, the courts are unable to defend or correct inaccurate
reports or statements without falling foul of legislation which dictates privacy. However, I hope to see rapid development
of a culture of greater openness … There is no reason to suppose that had the cases [highlighted by the activities of fathers’
groups] been heard in public, the results would have been different. Their concerns are less that the proceedings are heard
behind closed doors than that, as they see it, the result is frequently unjust to the father … Airing of the judges reasons
in public, in a judgment anonymised to protect the child, would enable the public to see the reasons for the order made and
judge for itself whether the result is unfair.’