Legal Eagle: Guidance on securing Special Measures when attending at Family Court hearing

Special Measures can be obtained in regards to attending a Family Court hearing.

My partner has made a court application to have contact with our children. He was very violent towards me and I suffered terrible emotional abuse. I have received a letter about the first court date, but I am terrified of attending court in case I see him. Is there anything I can do?

In the UK family courts, you can apply for special measures which are designed to support vulnerable parties and witnesses, including victims of domestic abuse or those at risk of intimidation, so they can participate fully and fairly in proceedings.

These measures aim to reduce the trauma and anxiety associated with court attendance, ensuring the process is as accessible and just as possible.

Examples of Special Measures in Family Courts are separate entrances to the court and separate waiting areas so that you do not come into contact with the other party.

You can also ask for screens to be put up in the court room so that you cannot see the other party and they cannot see you.

If you are required to give evidence in court, you can apply to give evidence remotely via a video link and if your partner was not represented by a solicitor or barrister there can be restrictions on them questioning you directly.

Special Measures can also be used to support you if you have any other additional needs so for example Interpreters can be appointed if your first language is not English (this includes sign language interpreters)

If you feel you would benefit form any of these measures, your solicitor can apply to the court to have them implemented.

If you do not have a solicitor, you should contact the court yourself to let them know which measures you require and why and the judge decides which measures are necessary to ensure fairness and accessibility.

The aim of these safeguards in the family courts is to balance the needs of vulnerable individuals with the demands of justice to ensure that proceedings remain fair and respectful and to allow fair access to justice.

If the above situation sounds similar to yours or you have another Family Law matter you would like advice on, please do not hesitate to contact us via email at [email protected] or via telephone on 0191 565 3112.