Separate Representation of Children

Page under construction

R v N FCMP 103/2008 – HHJ Bebe Chu

Application by the Respondent for an order that the Official Solicitor be appointed to act as guardian ad litem of/represent the three children of the family to safeguard the children’s best interest – Application refused – but there is a useful review of the law on this topic – including UK Practice Direction.

Children’s Evidence in Family Proceedings

On the question of Children giving evidence in family proceedings generally
see W (Children) [2010] UKSC 12. This is UK Supreme Court decision and is currently the leading authority of the issue. A working party was set up following a referral from the Court of Appeal in Re W [2010] Civ 57. The Supreme Court in Re W [2010] UKSC 12 subsequently held that there was no longer a presumption or even a starting point against children giving evidence in such cases. The Report of that working party under the Chairmanship of Thorpe LJ can be read here