Children: Seen but not heard?

Mundays LLP | Family Law Journal | October 2016 #160
Josh McEvoy suggests that long-established principles regarding children giving evidence may at long last be followed by the courts ‘In principle, the approach to a child giving evidence in private children law proceedings should be the same as in public children care proceedings.’The right of a child to be heard within family law proceedings has …

Continue reading "Children: Seen but not heard?"

This post is only available to members.

Capacity: Maturity test

The Open University | Family Law Journal | October 2014 #140
In the first of a two-part analysis, Debbie Stringer examines how the courts approach Gillick competence in relation to a child’s capacity ‘Where a court has to make a decision where the rights of the child and the rights of the parents conflict, the child’s rights must be the paramount consideration.’ In two recent judgments …

Continue reading "Capacity: Maturity test"

This post is only available to members.

Children: Children’s voices

Rayden Solicitors | Family Law Journal | October 2014 #140
Che Meakins sets out the courts’ approach to children’s evidence and when a child should be joined as a party to proceedings ‘The court must weigh the advantage that a child’s evidence may have in determining the truth against the harm that the giving of evidence might do that child or any other child.’ In …

Continue reading "Children: Children’s voices"

This post is only available to members.