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28 April 2017 / David Burrows
Issue: 7743 / Categories: Features , Child law , Family
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Child’s play (Pt 1)

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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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mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
The controversial Mazur ruling, which caused widespread uncertainty about the role of non-solicitors in litigation work, has been overturned on appeal
Two landmark social media cases in the US could influence social media regulation in the UK, lawyers predict
Barristers have urged the government to set up Nightingale-style specialist courts, with jury trials, to prioritise rape, sexual assault and domestic abuse trials
Victims of violent crimes who suffer life-changing injuries receive less than half the financial support today than those in the 1990s, according to a senior personal injury lawyer
Rising numbers of cases, an increase in litigants in person and an overall lack of investment is piling pressure on the family court, the Law Society has warned
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