Fall 2026 Winner of the Justice in Family Law Scholarship

Clara Wait

Clara Wait was chosen for her thoughtful examination of how remote hearings have reshaped access to family court proceedings across the United States. Her essay draws on real-world data to argue that virtual appearances reduce burdens on vulnerable litigants, particularly domestic violence survivors, while also acknowledging the access gaps that remain. We congratulate Clara on this achievement and wish her every success in her future career.

Read Their Essay Here:

One of the most significant recent developments in family law is the expansion of remote and virtual court proceedings. Originally implemented during the COVID-19 pandemic as an emergency measure, remote hearings have remained a permanent or semi-permanent feature in many family courts across the United States. This reform has transformed how divorces, custody disputes, injunctions, and domestic violence proceedings are handled. While remote proceedings present certain challenges, they ultimately represent meaningful progress because they improve access to justice, reduce barriers for vulnerable individuals, and modernize an often inaccessible legal system.

Traditionally, family law proceedings required all parties to appear physically in court. This process could be costly, time-consuming, and emotionally difficult, especially for low income individuals or victims of domestic violence. Missing work, arranging childcare, finding transportation, and appearing face-to-face with an abuser often created additional burdens for litigants already experiencing stressful circumstances. Remote hearings have helped reduce many of these obstacles.

Courts across the country have increasingly recognized the benefits of virtual appearances. According to the Judicial Branch of California, more than 1.1 million remote civil proceedings occurred statewide between 2023 and 2024, including a substantial number of family law hearings. Surveys found that over 90% of participants reported positive experiences with remote proceedings. The report also noted that vulnerable litigants, including victims of domestic violence, experienced less stress and anxiety when they were able to appear remotely instead of sharing physical courtroom space with the opposing party.

The impact of this reform on families has been substantial. For many parents, remote hearings make participation in legal proceedings more realistic. A single parent who cannot afford to miss work for an entire day may now attend a hearing during a lunch break or from home. Individuals living in rural areas no longer need to travel hours to reach a courthouse. This increased accessibility can improve participation rates and reduce the number of missed hearings, which ultimately benefits both litigants and the judicial system.

Remote hearings are especially important in domestic violence and injunction cases. Victims often fear encountering their abusers in hallways, parking lots, or courtrooms. Allowing remote appearances can reduce recurring trauma and increase feelings of safety during legal proceedings. This is particularly significant because family law cases frequently involve emotionally charged disputes where fear and intimidation may affect a victims ability to testify effectively.

For legal practitioners, the reform has changed both the practice and logistics of family law. Attorneys can now handle certain hearings more efficiently, reducing travel time and scheduling conflicts. Legal aid organizations and pro bono attorneys may also be able to assist more clients because virtual proceedings reduce administrative burdens and increase flexibility. This can improve access to representation for low-income individuals who might otherwise struggle to obtain legal assistance.

Additionally, remote proceedings have encouraged courts to modernize outdated systems. Family law has historically been criticized for being slow, expensive, and difficult to navigate. The integration of technology demonstrates a broader movement toward making courts more efficient and accessible to the public.

However, remote hearings are not without criticism. Some legal professionals argue that virtual proceedings can reduce the personal connection between judges, attorneys, and litigants. In family law, credibility and emotional nuance often play a major role in judicial decisions, especially in custody disputes. Judges may find it more difficult to assess body language, demeanor, or emotional dynamics through a screen.

There are also concerns about unequal access to technology. Not every litigant has reliable internet access, a private space to participate, or familiarity with virtual platforms. Technical difficulties can disrupt proceedings and create frustration for both courts and families. A study discussed by the National Center for State Courts found that while remote hearings improved convenience, concerns remained regarding fairness, engagement, and litigants experiences during virtual proceedings.

Despite these drawbacks, I believe the expansion of remote hearings represents progress in family law. The legal system should adapt to the realities of modern life, especially when reforms improve accessibility and reduce harm to vulnerable populations. While in-person hearings may still be necessary for complex trials or evidentiary matters, remote proceedings provide an important alternative that makes the justice system more flexible and inclusive.

The future of family law will likely involve a hybrid approach, combining the efficiency of technology with the personal interaction sometimes required in sensitive cases. Rather than eliminating traditional court proceedings entirely, remote hearings offer courts additional tools to better serve families with different needs and circumstances.

Ultimately, family law should prioritize fairness, safety, and accessibility. The continued use of remote hearings advances all three goals. By reducing barriers to participation and making the legal system more responsive to modern challenges, this reform represents a positive and necessary evolution in family law.