The Family Justice Council has published new guidelines which set out the circumstances in which children should be called to give evidence in family proceedings, and the practical considerations for children giving such evidence. The Guidelines in Relation to Children Giving Evidence in Family Proceedings were prepared by a working party led by Lord Justice Thorpe, following a referral from the Court of Appeal in the case Re. W [2010] ECWA Civ 75.
In this case – a care case involving allegations of sexual abuse by a child against her stepfather – the judge refused an application to allow the child to give evidence, following a presumption in case law that a child should not give evidence in family proceedings, save for exceptional circumstances. On appeal, the Supreme Court reformulated this approach and held that there is no longer a presumption or starting point against a child giving evidence in these cases.
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