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FJC publishes Guidance on Capacity to Litigate in Proceedings involving Children
Date:26 APR 2018
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The Family Justice Council has published Guidance on Capacity to Litigate in Proceedings involving Children. The guidance is directed to assist when the question of a party or intended party’s capacity to conduct proceedings arises in public and private law cases about children.

Sir James Munby, President of the Family Division, says in his foreword to the guidance:

‘It is essential for the proper administration of family justice that those who lack capacity to litigate in the Family Court are quickly identified, assessed, and supported. This Guidance has been drafted, and its appendices compiled, in order to assist Judges in the Family Court to resolve capacity issues concerning parties to family law proceedings. It is designed to be practical and accessible, recognising that in private law proceedings in particular the party whose capacity is in question may be unrepresented. Lawyers instructed in family proceedings will also find this Guidance valuable, and they are strongly encouraged to use it…

The Guidance is not intended to be a definitive guide to the law in the area of mental capacity, but will point the Judge, and lawyers where involved, to the key rules and statutory provisions…

I wish to commend highly the use of this Guidance; I believe that it will be an invaluable resource for the work of the Family Court.’

The guidance can be found in full here.

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