Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Family Law

The leading authority on all aspects of family law

06 OCT 2008

Max Lewis - The Child as Witness in Ancillary Relief Cases

Max Lewis, Barrister, 29 Bedford Row.
In a recent, relatively low-asset county court ancillary relief final hearing, a husband and wife each alleged that the other had removed a box from the matrimonial home containing possibly £50,000 of jewellery. The parties' 12-year-old daughter (who lived with husband and had no contact with the wife) alleged by affidavit that, 2 years earlier, she had seen her mother removing the box. The husband brought the child to court and sought permission to call her as a witness. The child did not need compelling or summonsing and was present and eager to give live evidence. The district judge granted permission.

Permission to call family members as witnesses within ancillary relief will often sensibly be refused because that evidence is not necessary for fairly disposing of the issues that need resolving within a particular set of facts (see, for example, Bookbinder v Tebbit (No 2) [1992] 1 WLR 217, at 223). There will, however, be extremely rare occasions where the evidence of a child will be necessary, and accordingly there is very little guidance as to how to approach the matter within ancillary relief.

For the full article, see September [2008] Family Law journal.

To log on to Family Law Online or to request a free trial click here.

Financial Remedies Handbook

Financial Remedies Handbook

Formerly entitled the Ancillary Relief Handbook this is the first resort for thousands of...

Available in Family Law Online
Cohabitation

Cohabitation

Law, Practice and Precedents

This work provides commentary, checklists, procedural guides and precedents on the subject in a...

Subscribe to our newsletters