A Practical Guide to the Participation of Children in Family Law Proceedings

This book will provide a practical overview to enable practitioners working within the family law system to properly address the issue of children participation in family law proceedings. In particular, this book will consider the various ways in which children can directly or indirectly participate in family law proceedings and the necessity of such participation in light of recent case law developments. Further, the book will also consider the duties that lawyers and other professionals have when it comes to children participation.

In the book, there will be chapters considering children participation across the following areas of the law: private law disputes, public law matters, cases concerning child abduction and the inherent jurisdiction of the High Court. Further, the book will consider a number of topical issues relating to the scope and necessity of welfare reports in different areas of family law, the involvement of the local authority in undertaking assessments, the issue of separate representation, children meeting the judge, the role of guardians as well as an overview of the current family procedure rules, legislation and case law.

This book will consider a number of practical issues that practitioners are often faced with when managing cases and when dealing with evidential issues concerning children. The book will assist practitioners in enabling them to best present their case from the outset of proceedings, all the way to the end of the case, across all the relevant areas of family law. The book specifically considers public, private and international (Hague and non-Hague) proceedings.

ABOUT THE AUTHOR

Mani Singh Basi is a barrister and a specialist in family law disputes relating to children, particularly those with an international dimension. He regularly appears in complicated cases in the High Court and Court of Appeal. Mani was the winner of the 2024 Legal Personality of the Year award, the 2024 Legal Aid Barrister of the Year award, the 2023 Family Law Junior Barrister of the Year award and 2022 Family Law Commentator of the Year award.

CONTENTS

Chapter One – An Introduction to Children Participation
Introduction to Chapter
Children Participation – An Introduction
Conclusion of Chapter

Chapter Two – Private Law Children Disputes: Children Participation
Introduction
Private Law – What is it?
Applying the Welfare Checklist
Welfare Reports
Appointing a guardian
Guardian being appointed
Older Children Participation
Conclusion of Chapter

Chapter Three – Public Law Proceedings and Children Participation
Introduction
Guardians in Public Law Proceedings
Termination of a Guardian
Role of the Guardian in Fact-Finding Hearings
Separate Representation of Children – Public Law
Conclusion of Chapter

Chapter Four – International Proceedings and Children Participation
Introduction to the Chapter
1980 Hague Convention Proceedings – Role of the Children
Child Objections
Child Objections in Practice
Settlement – 1980 Hague Convention
Recent Guidance – Participation of Children in 1980 Hague Convention Proceedings
The Issues – A Summary
Inherent Jurisdiction – Role of Children
The Inherent Jurisdiction – General Principles
Inward Abduction
Outward Abduction
Tipstaff Orders
Participation of Children – Difference between Wardship and Inherent Jurisdiction
Participation of Children – Inherent Jurisdiction & Welfare
Children As a Party – Inherent Jurisdiction Disputes
Conclusion of Chapter