David Burrows analyses the court’s approach to the autonomy of the mature child
The case of Re C (Older Children: Relocation) (also H v C and another) [2015] EWCA Civ 1298, [2016] All ER (D) 11 (Jan), recalls the extent to which the courts must have regard to the age and understanding of a child involved in court proceedings when the child’s views are in issue. It is a reminder of the autonomy to which mature children are entitled in family courts. The case concerned relocation of brothers aged 17 (E) and 15 (J); but its subject has wider application going to questions of confidentiality for a mature child and to mediation (urged strongly in this case). Alongside these factors is the long-awaited outcome of the decisions of Family Procedure Rules Committee and its recommendations for rule changes for evidence from children (the consultation concluded in October 2015).
The Children Act 1989 (CA 1989), s 105(1) defines a “child” as a person under 18; but as Re C emphasises “child” has a variety of meanings and the law approaches the meaning of the term in different
