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