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Child’s play (Pt 1)

28 April 2017 / David Burrows
Issue: 7743 / Categories: Features , Child law , Family
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In the first article in a series of three, David Burrows examines the role which a child can play in children proceedings

  • Can a child take, or participate in, proceedings which concern his or her future?
  • How can a child make his or her own application to the court in children proceedings?
  • What does the court take into consideration if the child’s ability to conduct proceedings is in question?

In Mabon v Mabon [2005] EWCA Civ 634, [2005] Fam 366, Wall LJ stressed the need to approach questions as to a child’s involvement in court proceedings from the ‘child’s perspective’ not that of the adults involved (eg judge, parties, legal representatives). This series of three articles:

  • considers the part children can play in English family proceedings;
  • contrasts their rights in EU law; and
  • looks at the way in which in any proceedings a child’s understanding of the issues involved in the case is material to the court’s decision.

This article considers what rights a child may have to participate in court children

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