Defence Act

PRACTICE DIRECTION No. 2 OF 2020 COVID 19: GUIDANCE FOR THE FAMILY DIVISION 25 MARCH 2020 This Guidance, which is issued by the Chief Justice, is intended to be followed with immediate effect in the Grand Court Family Division.

The aim of the Guidance is to 'Keep Business Going Safely'. There is a strong public interest in the Family Justice System continuing to function as normally as possible despite the present pandemic. At the same time, in accordance with government guidance, there is a need for all reasonable and sensible precautions to be taken to prevent infection and, in particular, to avoid non-essential personal contact.

The government guidance is, however, primarily aimed at the social setting, rather than the business/work environment. Depending on the circumstances there may be the need, and no harm involved, in having a number of people present in court for an oral hearing.

Taking these competing factors together, whilst the default position should be that, for the time being, all Family Division hearings should be undertaken remotely either via email, telephone, video or Zoom, etc ['remote hearing'], where the requirements of fairness and justice require a court-based hearing, and it is safe to conduct one, then a court-based hearing should take place. The Court will ensure that the appropriate distancing measures set out in the Family Division protocols are put in place. Page 1 of 7 Urgent Cases

Even where a case is urgent, it should be possible for arrangements to be made for it to be conducted remotely. The default position should be that the hearing is conducted remotely. Where a case is genuinely urgent, and it is not possible to conduct a remote hearing and there is a need for pressing issues to be determined, then the court should endeavour to conduct a face-to-face hearing in circumstances (in terms of the physical arrangement of the court room and in the waiting area) which minimise the opportunity for infection. Remote Hearings: technical matters

Remote hearings may be conducted using the following facilities as appropriate to the individual case: a. By way of an email exchange between the court and the parties; b. By way of telephone using conference calling facilities; By way of the court's video-link system, if available; d. The use of Zoom; e. Any other appropriate means of remote communication, for example Skype or Face Time. The Court IT Department will assist make the arrangements for Zoom and will provide advice to participant about to use Zoom. If you are unfamiliar with Zoom here is the help page from Zoom https ://support.zoom. us/he/en-us/a rticles/206618765-Zoom-Video-Tutoria Is and further guidance and video https://learninginbloom.com/use-zoom/

The Judge may require certain hearings to be recorded. Where Zoom is used, there is a facility within the software for the digital record of the hearing to be recorded (this is not the same as a typed transcript but may suffice for most purposes).

The responsibility for making technical and other arrangements for a remote hearing and for confirming the details of the arrangements for the hearing to the other parties no later than 24 hours prior to the remote hearing taking place is to be undertaken by the following party liaising with the court: Page 4 of 7 a. The Department of Children and Family Services in a public law case; b. The applicant, if legally represented, in a private law case; The respondent, if legally represented and where the applicant is not, in a private law case; d. The court where no party is legally represented.

When conducting a remote hearing, there is a need for the judge to use their best endeavours to ensure that only those who would be allowed into the court room for an oral hearing are privy to the remote hearing and that all parties understand that the system used by the court will record the proceedings and that no other recording is to be made by any of the parties.

On the day before a remote hearing the applicant must electronically file a PDF bundle which complies with Practice Direction No. 11/2014, and which in any event must include as a minimum: a. A case summary and chronology; b. The parties' positions statements; c. The previous orders that are relevant to the remote hearing; d. All essential documents that the court requires to determine the issues that fall for determination at the remote hearing; e. A draft order; Final Observation

These are exceptional and unprecedented times. The situation is changing daily. This Guidance is intended to deliver a very significant change of direction in the method of working within the Family Division, whilst at the same time enabling the Court to continue to operate and to meet the pressing needs of those who turn to it for Page 5 of 7