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Family Law

The leading authority on all aspects of family law

22 JUN 2011

CARE: A City Council v T, J and K [2011] EWHC 1082 (Fam)

(Family Division; Peter Jackson J; 16 May 2011)

A 13 year old child applied to attend a secure accommodation hearing. Review of relevant law: Particularly of Re W (Secure Accommodation Order: Attendance at Court) [1994] 2 FLR 1092.

There is no presumption for or against attendance by a child - the starting point should be an open evaluation of the consequences in terms of the welfare of the child and the court's ability to manage its proceedings fairly. The judge set out the relevant factors. Where deprivation of liberty is at stake, reasons for refusing attendance would need to be particularly cogent.

 

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