Family Law

Lynn Davis, Solicitor, Consultant to Davis Simmonds and Donaghey, Kent. In LM v Medway Council, RM and YM [2007] EWCA Civ 9 the county court's decision that the child must give evidence in person was upheld. Earlier cases have provided guidance on the issue of child evidence in care proceedings and it is accepted that evidence from a child should only be required in exceptional cases where it would not be oppressive. This article looks at the elements of the guidance given in B v Torbay Council [2007] 1 FLR 203 and considers what it was about the case of LM v Medway Council which meant that the judge's need for evidence outweighed concerns for harm to the child which might be done by the process. Read the full article and a bullet-point digest of the current legal and practice position relating to child evidence in May [2007] Fam Law.