Family court transparency & reputation management

The family court system in England and Wales has long been committed to safeguarding the right to privacy, enshrined under Article 8 of the European Convention on Human Rights. This protection applies to all participants in family proceedings, spouses and children alike, where privacy rights are at their strongest and particularly important to those involved. 

While this remains an overriding principle, recent reforms in 2025 have shifted the balance slightly toward greater transparency. The aim is to reconcile two competing values: the right to privacy and the principle of open justice, which holds that the administration of justice should be conducted in public. In short, these changes seek to make the family justice system more accessible and understandable to the public.

Following an increase in the clients seeking reassurance on these matters, this article explores what the reforms mean for those who value privacy and reputation and offers practical tips for managing the risks.

What has changed?

Under the reforms, accredited journalists and authorised legal bloggers may attend and report on a wide range of family hearings. This increased openness is governed by a Transparency Order,  a binding judicial direction tailored to the facts of each case. While parties can make submissions on the scope of the order, the judge ultimately decides what may be reported.

Typically, Transparency Orders will allow reporting of:

• Legal arguments and position statements
• Summaries of proceedings
• The identity of third parties such as expert witnesses

However, identifying information about the families involved remains strictly protected. Names, addresses, dates of birth, photographs and other personal details must be anonymised. Parties may also speak to accredited media, provided this is permitted under the order.

How can you ensure you maintain as much privacy as possible?

These reforms introduce new challenges for privacy and reputation management. While safeguards exist, the risk of inadvertent disclosure, through human error or media recklessness, cannot be ignored. Here’s how to prepare:

1. Assemble the right team

Engage a combined team of legal specialists and, if appropriate, a PR team from the outset. This team should include family law specialists, reputation management lawyers and PR professionals who can:

• Draft and manage submissions to limit or vary Transparency Order
• Act swiftly to prevent or stop unauthorised disclosures
• Remove sensitive content from social media and online platforms if necessary

2. Guard against ‘jigsaw identification’

Even anonymised reporting can lead to identification when combined with other public information. Financial remedy hearings are particularly vulnerable where a set of anonymized facts can still be pieced together to identify the individuals involved. Review all authorised disclosures against publicly available facts to minimise this risk.

3. Strategic media engagement

The ability to speak to accredited journalists can be an opportunity to shape the narrative, if handled correctly. Ensure your legal and PR teams are aligned before engaging with the media and do so, only with the right advice in place. Remember: any disclosure outside the permitted scope may amount to contempt of court.