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Vulnerable individuals and children in family proceedings
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Response to consultation
Nominally at least the consultation period is closed for Family Procedure (Amendment No. X) Rules 2015 Part 3A -
Children and vulnerable persons: participation in proceedings and giving evidence (see
here for commentary on the draft rules). My response is in; for those who want it in its gory detail it can be found
here. This note provides only a summary of the draft and then goes on to consider a factor that the Family Procedure Rules Committee (FPRC) seems to have neglected - namely to look at the statutory or common law underpinning of the proposed reforms.
The draft rules seek to create a series of court duties: should a child participate in proceedings (r 3A(2)) and if so how (r 3A(3)); whether a party to or a witness in proceedings may have their participation diminished by what is not stated? Of 'diminished' the rules-makers are trying to question are they 'vulnerable'? If all this applies the court can provide the 'assistance' of 'measures' (r 3A(7)). This is what the draft does: the balance (r 3A(8)-(11))...
Read the full article here.
