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Coming of age

05 February 2016 / David Burrows
Issue: 7685 / Categories: Features , Family
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David Burrows analyses the court’s approach to the autonomy of the mature child

The case of Re C (Older Children: Relocation) (also H v C and another) [2015] EWCA Civ 1298, [2016] All ER (D) 11 (Jan), recalls the extent to which the courts must have regard to the age and understanding of a child involved in court proceedings when the child’s views are in issue. It is a reminder of the autonomy to which mature children are entitled in family courts. The case concerned relocation of brothers aged 17 (E) and 15 (J); but its subject has wider application going to questions of confidentiality for a mature child and to mediation (urged strongly in this case). Alongside these factors is the long-awaited outcome of the decisions of Family Procedure Rules Committee and its recommendations for rule changes for evidence from children (the consultation concluded in October 2015).

The Children Act 1989 (CA 1989), s 105(1) defines a “child” as a person under 18; but as Re C emphasises “child” has a variety of meanings

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MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
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