Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Hundreds of thousands of companies worldwide fall victims to hackers every year. Is your firm one of them?
SPONSORED CONTENT Image source: Information is beautifulYou and other lawyers and legal assistants in your firm likely have accounts on the hacked websites listed in the image above. If a hacker...
New complaints handling guide offers advice to local authorities
The Local Government and Social Care Ombudsman is today issuing new guidance on effective complaint handling for local authorities.Based on previous documents, the new guide offers practical,...
EU laws continue until at least 2038 and beyond
The UK left the EU on 31 January 2020.  But in matters of law it fully leaves on 31 December 2020.  But EU laws will continue to apply, and be applied, in the English family courts from 1...
Family Law Awards winners announced in virtual awards ceremony
The winners of the Family Law Awards 2020 were announced at 4pm during a much-anticipated virtual awards ceremony. Over the past ten years, the Family Law Awards has recognised the leading players in...
Behaviour-based divorces still merit close consideration
Some recent cases illustrate the evidential and procedural issues involved in dealing with proofs on the merits of divorce, which are worth considering even though most cases may conclude on a...
View all articles
Authors

Six good reasons why judges should meet with children in appropriate cases

Sep 29, 2018, 18:35 PM
family law, voice of the child, judges meet children, UNCRC, abduction
Since the United Kingdom signed the UNCRC in 1989 the law surrounding the rights of children has been continually developing. After the Guidelines for judges meeting children who are subject to family proceedings were introduced and the decision in Re KP (Abduction: Child’s Objections) confusion and controversy has surrounded the topic, resulting in the Children and Vulnerable Witnesses Working Group being set up to review how children’s evidence is heard in the family courts.
Slug : six-good-reasons-why-judges-should-meet-with-children-in-appropriate-cases
Meta Title : Six good reasons why judges should meet with children in appropriate cases
Meta Keywords : family law, voice of the child, judges meet children, UNCRC, abduction
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Sep 13, 2016, 04:38 AM
Article ID : 113027

Vince Pescod, Senior Lecturer, University of Huddersfield

Amy Clowrey, Solicitor, Switalskis Solicitors

Since the United Kingdom signed the United Nations Convention on the Rights of the Child (UNCRC) in 1989 the law surrounding the rights of children has been continually developing.

After the Guidelines for judges meeting children who are subject to family proceedings [2010] 2 FLR 1872 were introduced and the decision in Re KP (Abduction: Child’s Objections) [2014] EWCA Civ 554, [2014] 2 FLR 660, confusion and controversy has surrounded the topic, resulting in the Children and Vulnerable Witnesses Working Group (CVWWG) being set up to review how children’s evidence is heard in the family courts.

The research of CVWWG has resulted in a recommendation that revised Practice Directions should be introduced, including Practice Direction 3C which will provide further guidance on judges meeting with children.

Lady Hale recently urged reform in this area identifying six benefits for judges meeting with children within her article, ‘Listening to children: are we nearly there yet?’ [2016] Family Law 320. In light of the historical and current practices both in the UK, and Germany, and the obligations under the UNCRC, the article recommends that judges, having had relevant training, should meet with children to obtain evidence in limited but appropriate circumstances. 


The full version of this article appears in the September 2016 issue of Family Law. 

Online subscribers can access the article here

For details on how you can subscribe to Family Law or any other titles, please contact a member of our sales team: Tel 0117 917 5100, or email: editor@jordanpublishing.co.uk
Categories :
  • Articles
Tags :
young_people_3
Authors
Provider :
Product Bucket :
Related Articles
Load more comments
Comment by from