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’