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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.’

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