Child benefit

17 June 2016 / David Burrows

Issue: 7703 / Categories: Features , Child law , Family

When does the common law listen to the child, asks David Burrows

Can children’s evidence in family proceedings be dealt with in a way analogous with such evidence in criminal proceedings?
Are special measures for child evidence available in children proceedings?
How does the law balance fairness to alleged abusers with the welfare of child witnesses?

In Richardson v Richardson [2011] EWCA Civ 79, [2011] All ER (D) 86 (Feb) Lord Justice Munby (now Sir James Munby, President of the Family Division) reminded everyone (at para [53]) that “the Family Division is part of the High Court. It is not some legal Alsatia where the common law and equity do not apply. The rules of agency [in that particular case] apply there as much as elsewhere….” And so it is, surely, with the application of rules about children’s evidence?

This article asks: do common law rules apply in family proceedings in the same way as they do, for example, for children’s evidence in criminal proceedings? And, if so, does a family

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Child benefit

When does the common law listen to the child, asks David Burrows

Can children’s evidence in family proceedings be dealt with in a way analogous with such evidence in criminal proceedings?
Are special measures for child evidence available in children proceedings?
How does the law balance fairness to alleged abusers with the welfare of child witnesses?

This article asks: do common law rules apply in family proceedings in the same way as they do, for example, for children’s evidence in criminal proceedings? And, if so, does a family

If you are not a subscriber, subscribe now to read this content

If you are already a subscriber sign in

...or Register for two weeks' free access to subscriber content

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Child benefit

MOVERS & SHAKERS

Muckle LLP—Rachael Chapman

Ellisons—Carla Jones

Freeths—Louise Mahon