EXPLORING THE COSTS AND BENEFITS OF VIRTUAL FAMILY LAW IN ONTARIO

PERSPECTIVES OF PROFESSIONALS

Abstract

This article contributes to the ongoing debate over the future of virtual hearings in the family justice system. Reporting on two Ontario studies involving over 200 family justice professionals, this paper suggests that while there are many benefits to virtual court hearings—including greater access to legal services and cost savings—these benefits must be weighed against the potential costs of virtual hearings, including any negative impact on settlement and unfairness to vulnerable parties. We argue that while virtual court hearings ought to play a significant role in the post-pandemic family justice system, individual judges must retain the discretion to balance concerns about fairness, efficiency, protection of the vulnerable and the promotion of justice in deciding which aspects of a case can proceed virtually and which must be conducted in person.