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Judge meets the child

23 June 2017
Issue: 7751 / Categories: Case law , Law digest , In Court
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Q What is the current judicial policy concerning the judge on a Children Act 1989 application seeing the child in person? If that happens, to what extent is the judge compelled to report to the parties on the outcome of the meeting and should the child be told that there is to be full disclosure, if that is to happen?

A The courts follow the detailed Guidelines for Judges Meeting Children issued by the Family Justice Council in 2010. Whether to meet the child is in the discretion of the judge having regard to the purpose of the meeting, the stage of the proceedings and the arrangements which can be made, though where a child expresses a wish to see the judge (particularly in a public law case) then the judge would ordinarily agree. The purpose is not to obtain evidence but to enable the child to gain an understanding of what is going on and to be reassured that they have been understood by the judge. Any meeting should be in the presence of another professional (eg the allocated Cafcass officer and/or

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