A lack of parity in how family judges are exercising their ‘lockdown discretion’ to allow remote court hearings is making things “difficult” for judges and lawyers, a family lawyer said.

During the lockdown period, two judgments in public law proceedings have been published in which the judges take a conflicting approach to the question of whether to proceed with a remote hearing.

Each involved serious issues in relation to children.

Anna-Laura Lock, a senior associate at Winckworth Sherwood, highlighted how the judges in each case “took completely different views on the suitability of remote hearings in terms of the giving of evidence by the parties involved”.

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