header-logo header-logo

28 April 2017 / David Burrows
Issue: 7743 / Categories: Features , Child law , Family
printer mail-detail

Child’s play (Pt 1)

nlj_7743_burrows

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

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

MOVERS & SHAKERS

Carey Olsen—Patrick Ormond

Carey Olsen—Patrick Ormond

Partner joinscorporate and finance practice in British Virgin Islands

Dawson Cornwell—Naomi Angell

Dawson Cornwell—Naomi Angell

Firm strengthens children department with adoption and surrogacy expert

Penningtons Manches Cooper—Graham Green

Penningtons Manches Cooper—Graham Green

Media and technology expert joins employment team as partner in Cambridge

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
The winners of the LexisNexis Legal Awards 2026 have now been announced, marking another outstanding celebration of excellence, innovation, and impact across the legal profession
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
back-to-top-scroll