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28 April 2017 / David Burrows
Issue: 7743 / Categories: Features , Child law , Family
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Child’s play (Pt 1)

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In the first article in a series of three, David Burrows examines the role which a child can play in children proceedings

  • Can a child take, or participate in, proceedings which concern his or her future?
  • How can a child make his or her own application to the court in children proceedings?
  • What does the court take into consideration if the child’s ability to conduct proceedings is in question?

In Mabon v Mabon [2005] EWCA Civ 634, [2005] Fam 366, Wall LJ stressed the need to approach questions as to a child’s involvement in court proceedings from the ‘child’s perspective’ not that of the adults involved (eg judge, parties, legal representatives). This series of three articles:

  • considers the part children can play in English family proceedings;
  • contrasts their rights in EU law; and
  • looks at the way in which in any proceedings a child’s understanding of the issues involved in the case is material to the court’s decision.

This article considers what rights a child may have to participate in court children proceedings, and how this can be done. ‘Child’

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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