Abstract
The author surveys the global position on digital technology in family matters and reflects on the challenges, expectations and opportunities presently available. He highlights the distinctive issues of those without access to digital justice and therefore the risk of having no access to justice but balances with the opportunities of digitalisation providing more access to justice to more of the population. He looks at the major obstacle to using artificial intelligence in family justice. He examines the weakness whereby family law is primarily conducted in smaller practices which will be less able to afford or commit to digital innovations. The paper examines the existing work by the Hague Conference to use digital technology for cross-border family maintenance and praises the December 2020 EU paper on digital technology in civil justice. He concludes by examining three very different centres of population and different adaption of technology for users of family justice.
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From the Nuffield Foundation Remote hearings in the family justice system: a rapid consultation | Nuffield Foundation (nuffieldfjo.org.uk).
It is not dissimilar to the educational disadvantages experienced during lockdown by children in poorer communities without access to laptops or sufficient broadband.
More than 2 MBPS, the then minimum required for online filing. It has got better but technological demands have increased.
Future Law Innovation Programme (FLIP) by SAL.
It is a conundrum that some of the countries making huge advances in digital technology in family justice are common law.
We have seen this in the last 12 months in our law firm, where most of our clients are technologically sophisticated and international; their digital demands and expectations of us as their advisers have increased significantly.
In England there is awareness of this problem and some steps are being taken but it will be many years before we have much that is reliable.
Digitalisation of justice | European Commission (europa.eu).
HCCH | iSupport.
It is facilitated by e-CODEX which is a secure communication system developed within the EU. It must be the model for international collaboration and co-working.
It would hopefully allow non-signatory states to use it as well and broaden reciprocal opportunities.
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Prof David Hodson OBE MCIArb, English solicitor, mediator, arbitrator, Australian solicitor at The International Family Law Group, London (www.iflg.uk.com) and deputy family court judge.
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Hodson, D. Digital technology in family justice systems: global benefits, opportunities and concerns. ERA Forum 22, 269–277 (2021). https://doi.org/10.1007/s12027-021-00660-y
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DOI: https://doi.org/10.1007/s12027-021-00660-y