Special Measures in the Family Court

In financial remedy proceedings, special measures are available to support vulnerable parties or witnesses, ensuring accessible participation in court. Special measures include remote attendance, more frequent court breaks, and shielding from direct contact. Vulnerability may arise from a person’s mental health, age, or experience of domestic abuse. If you believe you need special measures, inform your solicitor or the court as early on in the process as possible.

If you have an upcoming financial remedy hearing and believe you may need special measures, contact Vardags today for a free initial consultation with one of our expert divorce solicitors.  

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special measures for vulnerable parties

Part 3A of the Family Procedure Rules, ‘Vulnerable Persons: Participation in Proceedings and Giving Evidence’, supplemented by Practice Direction 3AA, provides for additional special measures to be provided to vulnerable parties or witnesses. The family court can also make ‘participation directions’, which are directions that a specific measure should be implemented to assist a vulnerable person during proceedings. 

who is classed as vulnerable?

The family court and all parties to proceedings have a duty to identify a party or witness who is a vulnerable person as early as possible. The Family Procedure Rules provide that: “the court must consider whether a party’s participation in proceedings (other than by way of giving evidence) is likely to be diminished by reason of vulnerability”. 

A definition of ‘vulnerability’ is not provided, but the rules state that the court must consider whether a party has a mental disorder or impairment; their age, maturity, and understanding, and any characteristic of theirs which is relevant.  

Under section 63 of the Domestic Abuse Act 2021, if a person ‘is, or is at risk of being, a victim of domestic abuse’, the court must assume that their participation and evidence will be diminished by their vulnerability. 

If you believe you should be provided with special measures, you can raise this with your lawyer or ask the court directly. The court will then consider whether you should have special measures, and if so, which ones. 

In ND v LD (financial remedy: needs) [2022] EWFC B15, various special measures and participation directions were implemented due to concern for the husband’s mental wellbeing, including: 

• The husband was directed to attend the hearing remotely.

• The husband was allowed to sit away from his camera when the wife was giving evidence so that they did not come into face-to-face contact.

• The wife was requested to turn her camera off when the husband was addressing the court.

• The court and counsel referred to the husband as ‘Sir’ at his request.

• Regular breaks, with neither party giving evidence for longer than one hour at a time.

• The husband was allowed to wear a mask covering his eyes when being cross-examined.