Frequently asked questions
Can the media attend a family law hearing?
Yes, all family law proceedings are held in open court unless the court orders otherwise. As a matter of courtesy, the media should identify themselves to the court officer on duty. No electronic recording, photography or filming is allowed in the court without prior approval of the Court.
What is correct court etiquette for the media?
Normal court etiquette applies. When entering or leaving a courtroom, bow to the judicial officer on the bench. If the judicial officer arrives after you or leaves first, stand as he or she enters or leaves the room.
Please identify yourself to the court officer on duty.
Can the media get copies of judgments?
Judgments are normally published on legal databases, such as Austlii. Full Court judgments of the Family Court are also available for a short time on the Family Court’s website.
Judgments are usually anonymised to prevent identification of the parties. Even if they are not anonymised, the parties cannot be identified in the media unless a publication order has been made. See s121 of the Family Law Act at Website Links.
What are publication orders?
Publication orders are made on the request of someone who for some reason asserts it is in the interest of justice to reveal details that identify parties to proceedings. Commonly, such orders are made at the request of a parent who is seeking public assistance to locate their child. They are issued under s 121 of the Family Law Act by a judicial officer and enable certain information to be published to locate a missing child.
Publication orders vary from case to case, but usually set out:
- what the media can say about a missing child and the parent they are presumed to be with
- what photographs and interviews are permitted to be published, and
- what the media can report when the child is found.
Publication orders usually cease one month after a child has been recovered.
Can the media have copies of publication orders?
Yes, unless the publication order states otherwise.
What can the media report about missing children?
The media can report information and publish photos as set out in the publication order and/or in any official court media release.
The media are requested to include the Crimestoppers phone number (1800 333 000) in stories published or broadcast about missing children.
For more information about a specific case or general information about what you can report, contact the relevant court’s media officer.
Can the parent of the missing child be interviewed?
The publication order will generally allow interviews with parents; however, both the media and parent must ensure they do not breach the terms of the publication order when the interview is being conducted or broadcast/published.
The media are not permitted to report information about court proceedings, unless it is expressly stated in the publication order. The general intent of publication orders is to help locate missing children, not to air family problems and grievances.
Media in doubt about what they can report should seek guidance from the relevant court’s media officer and seek independent legal advice.
Please note that the staff of the Family Law Courts, including the media officers, cannot provide legal advice. The media officers are able to provide guidance only in relation to publication orders.
What photos of missing children can be published?
A publication order generally allows for the publication of photographs of the missing child and the person or persons they are likely to be with. High resolution images are available from the relevant court’s media officer.
When a child is recovered, the publication order will usually allow media outlets that published information prior to the child’s recovery to publish a photo of the child, provided that photo was taken prior to the recovery of the child.
What happens when a missing child is found?
Generally, the publication order ceases 30 days after the child is recovered. Only the media outlets that published a story on the missing child will be permitted to run a follow-up story. Generally, the follow-up story should be run within a month of the child’s recovery or as stated in the publication order.
The publication order sets out what specific media coverage is allowed, including what can be published and when, including photos. If not, contact the relevant court’s media officer.
What are the penalties for breaching s121?
A breach of s 121 by the media, another organisation or individual may be referred to the Australian Federal Police for investigation. Offences in relation to s 121 are indictable offences and may result in imprisonment if an offence is found to have been committed.
What is a Hague Convention case?
The Hague Convention on the Civil Aspects of International Child Abduction is an international treaty under which arrangements are made for the return of children who have been wrongfully removed from or retained outside their country of habitual residence. The Convention sets up a Central Authority in each signature country to deal with applications for the return of children taken to or from each country. The Australian Government Attorney-General's Department is the Central Authority for Australia.
For more information on the Hague Convention or international child abduction go to the International Child Abduction homepage at Website Links.