Sharing Family Court Information - What You Can (and Can’t) Say
- Duncan Ranton
- Aug 3, 2025
- 4 min read
Family court hearings are often described as being held "behind closed doors" - and for good reason. These cases deal with deeply personal matters: children’s welfare, domestic abuse, and allegations that can upend reputations and relationships. But what are the actual rules on talking about what goes on in the Family Court?
If you’ve been involved in family law proceedings - or you’re thinking about speaking out - it’s vital to understand what you can lawfully share, and what could land you in hot water.
The Balancing Act: Privacy versus Public Interest
The Family Court system in England and Wales is gradually shifting towards greater openness. Accredited journalists and legal bloggers can now attend most hearings, and more judgments are being published. But transparency doesn’t mean a free-for-all. There are strict reporting restrictions designed to protect the privacy of children and vulnerable adults.
The legal framework aims to strike a careful balance between two competing rights under the Human Rights Act:
Article 8: the right to respect for private and family life
Article 10: the right to freedom of expression
Two recent cases illustrate how that balance is being managed in practice.
Tooley -v- Tooley
This case involved cross applications for non-molestation orders. The husband - a university Vice Chancellor - argued that publication of certain details could damage his health and career. He asked for anonymisation or full reporting restrictions. The wife opposed that, saying the media had a legitimate interest in the story, much of which had already been made public.
The court started its analysis from the position that the proceedings should be open, unless a good reason were shown why restrictions should be applied. It ultimately adopted a middle ground: a reporting restriction to shield third parties and suppress certain allegations, whilst still naming both parties and allowing the bulk of the information to be reported.
Key takeaway: Where public figures are involved, the court may permit reporting, but will still act to protect others indirectly affected.
Ms M -v- Mr F and Another
In this harrowing case, the mother – who had been subject to serious domestic abuse - asked the court for permission to speak publicly about her experience, even though the underlying proceedings were protected by privacy rules. She argued that survivors of abuse should not be silenced. The father opposed the application, asserting that he, too, had a right to speak publicly and that he had been the victim of a miscarriage of justice.
The court allowed the mother to speak to the press and at events, so long as she used an alias and safeguards were observed to protect the child’s identity.
The judge also noted that while the court has inherent powers to authorise publication, broader reform of transparency rules in the family courts would require systemic changes and wider consultation.
Sharing Family Court Information: What Can You Actually Say?
Even if you were a party to the case, you can’t simply repeat everything that happened in court. Sharing Family Court information is governed by a patchwork of laws, practice directions, and individual court orders. Here are some key points:
journalists and legal bloggers can attend most family hearings but may not publish details that could identify a child.
judgments may be published, but only with the judge’s permission and usually with identifying details removed.
Family court judgments are often published - but key details may be redacted to protect privacy parties may not disclose or publish court documents unless the judge gives permission.
talking to the media or publishing your experience will almost always require specific court approval, especially if children are involved.
Key Legal Resources
FPR, rules 12.73 to 12.75 and Practice Direction 12G – general rules on communicating information from proceedings
Practice Direction 12R – when and how the court should make a transparency order allowing information or documents from proceedings to be published
FPR, rules 14.14 and 14.14A, Practice Direction 14E and Practice Direction 14G - these relate to publication and transparency orders in adoption and placement cases
HMCTS’s leaflet for parents and families, “Openness in the Family Court – What You Need to Know”
“The Reporting Pilot Guidance”, a report from the President of the Family Division and Transparency Implementation Group (August 2024) on the (then) reporting pilot scheme
What Happens If You Breach the Rules?
Publishing information from Family Court proceedings without proper permission isn’t just frowned upon – in some circumstances, it can be a criminal offence. For example, under section 97 of the Children Act 1989 and section 12 of the Administration of Justice Act 1960, revealing identifying details or disclosing material from private hearings can land you in serious legal trouble.
The court has wide powers to punish breaches, including fines, orders for costs, and in extreme cases, committal for contempt of court (which can mean imprisonment).
Even sharing information on social media or in private groups can count as a publication if it risks identifying a child or breaches a reporting restriction. Ignorance is not a defence.
If in doubt, don’t post - and certainly don’t rely on “freedom of speech” as a shield if what you’re sharing violates the rules. When it comes to family proceedings, caution isn’t just sensible - it’s essential.
Final Word
Transparency in family law cases is evolving - but it’s not a free pass to post, publish or speak out. Protecting the welfare of children and the integrity of the justice system remains paramount. If you’re unsure what you’re allowed to say about your Family Court proceedings, it’s always safest to get legal advice first.
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