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Vol 23 No 3 March/April 2018

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Children's Views and Evidence

ISBN13: 9781526503176
Published: October 2017
Publisher: Bloomsbury Professional
Country of Publication: UK
Format: Paperback
Price: £70.00

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Children's Views and Evidence concentrates on children in court proceedings, mostly in family proceedings, but also with reference to the issues within civil proceedings. Their evidence and the court hearing their views are, respectively, contrasted throughout. Stress is placed upon any rights to which a child is entitled (common law, European Convention 1950, UN Conventions and EU Directive), such as to confidentiality and to take part (or be heard) in proceedings. Particular importance is given to the meaning and effect of a child's 'understanding' in court proceedings, and the way that terms will vary according to a child's age and the issue before the court.

It explains the position and role of children in court proceedings by setting out the child's rights and the underlying principles in law, both national and EU, that seek to establish how a child is treated and understood in court proceedings. Legislation and cases covered and analysed include:

  • Children Act 1989
  • Human Rights Act 1998
  • Civil Procedure Rules 1998
  • LASPO Act 2012
  • Justice and Security Act 2013
  • Re D (A Child) (International Recognition) [2016] EWCA Civ 12, [2016] 2 FLR 347– child's right to be heard
  • Re W (A Child) [2016] EWCA Civ 1051 – rules for child representation in hearings
  • P v A Local Authority [2016] EWHC (Fam) – legal aid and statutory damages
  • Re W (Children) (Abuse: Oral Evidence) [2010] UKSC 12 – child's evidence
  • R (D (a minor)) v Camberwell Green Youth Court [2005] UKHL 4 – safeguards in criminal law for children
  • Protocol and Good Practice Model Disclosure of information in cases of alleged child abuse and linked criminal and care directions hearings - October 2013
The book will also appeal to other professionals involved in the process including doctors, teachers, social workers and guardians ad litum.

Evidence, Family Law
Chapter 1: Introduction
Chapter 2: Meaning of 'child'
Chapter 3: Rights of a child
Chapter 4: Child's evidence
Chapter 5: Child's views in court proceedings
Chapter 6: Confidentiality of children and what they say
Chapter 7: 'BREXIT' – any changes?
Chapter 8: Child as party to proceedings – representation of children
Chapter 9: Legal aid and the child
Chapter 10: Disclosure of evidence in children's proceedings
Chapter 11: Closed material procedure and children's proceedings
Chapter 12: The child in mediation or arbitration
Chapter 13: Anonymity of children and privacy principles in children proceedings

Series: Bloomsbury Family Law

Child Migration: International Family and Immigration Laws ISBN 9781526502209
To be published December 2018
Bloomsbury Professional
Public Children Law: Contemporary Issues ISBN 9781526503275
To be published August 2018
Bloomsbury Professional
Practitioner's Guide to the Court of Protection 4th ed ISBN 9781847669445
To be published May 2018
Bloomsbury Professional
Transparency in the Family Courts: Publicity and Privacy in Practice ISBN 9781526503855
To be published April 2018
Bloomsbury Professional
Children's Views and Evidence (eBook) ISBN 9781526503183
Published October 2017
Bloomsbury Professional
£58.33 + £11.66 VAT
Hershman & McFarlane: Children Act Handbook 2017/18 ISBN 9781526502162
Published August 2017
Bloomsbury Professional
Financial Abuse of Older Clients: Law, Practice and Prevention (eBook) ISBN 9781784515515
Published May 2017
Bloomsbury Professional
£58.50 + £11.70 VAT
Financial Abuse of Older Clients: Law, Practice and Prevention ISBN 9781784515492
Published May 2017
Bloomsbury Professional