Guidelines for Judges Meeting
Children who are subject to Family Proceedings
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Guidelines for Judges Meeting
Children who are subject to Family Proceedings
April 2010
These Guidelines are produced by the Family Justice Council and
approved by the President of the Family Division.
In these Guidelines:
• All
references to ‘child' or ‘children’ are intended to include a young person or young
people the subject of proceedings under the Children Act 1989.
• ‘Family
proceedings’ includes both public and private law cases.
• ‘Judge’
includes magistrates.
• Cafcass
includes CAFCASS CYMRU.
Purpose
The purpose of these Guidelines
is to encourage judges to enable children to feel more involved and connected
with proceedings in which important decisions are made in their lives and to
give them an opportunity to satisfy themselves that
the Judge has understood their wishes and feelings and to understand the nature
of the Judge’s task.
Preamble
• In
England and Wales in most cases a child’s needs, wishes and feelings are brought
to the court in written form by a Cafcass officer.
Nothing in this guidance document is intended to replace or undermine that responsibility.
• It is Cafcass practice to discuss with a child in a manner
appropriate to their developmental understanding whether their participation in
the process includes a wish to meet the Judge. If the child does not wish to
meet the Judge discussions can centre on other ways of enabling the child to
feel a part of the process. If the child wishes to meet the Judge, that wish
should be conveyed to the Judge where appropriate.
• The primary purpose of the
meeting is to benefit the child. However, it may also benefit the Judge and
other family members.
Guidelines
1. The judge is entitled to expect the lawyer for
the child and/or the Cafcass officer:
(i) to advise whether the child wishes to meet the Judge;
(ii) if so, to explain
from the child’s perspective, the purpose of the meeting;
(iii) to advise whether it
accords with the welfare interests of the child for such a meeting take place;
and
(iv) to identify the purpose of the proposed
meeting as perceived by the child’s professional representative/s.
2. The other parties shall be entitled to make representations as to
any proposed meeting with the Judge before the Judge decides whether or not it
shall take place.
3. In deciding whether or not a meeting shall take place and, if so, in
what circumstances, the child’s chronological age is relevant but not
determinative. Some children of 7 or even younger have a clear understanding of
their circumstances and very clear views which they may wish to express.
4. If the child wishes to meet the judge but the judge decides that a
meeting would be inappropriate, the judge should consider providing a brief
explanation in writing for the child.
5. If a judge decides to meet a child, it is a
matter for the discretion of the judge, having considered representations from
the parties –
(i) the purpose and proposed content of the meeting;
(ii) at what stage during
the proceedings, or after they have concluded, the meeting should take place;
(iii) where the meeting
will take place;
(iv) who will bring the
child to the meeting;
(v) who will prepare the
child for the meeting (this should usually be the Cafcass
officer);
(vi) who shall attend
during the meeting – although a Judge should never see a child alone;
(vii) by whom a minute of
the meeting shall be taken, how that minute is to be approved by the Judge, and
how it is to be communicated to the other parties.
It cannot be stressed too often that the child’s meeting with the
judge is not for the purpose of gathering evidence. That is the responsibility of
the Cafcass officer. The purpose is to enable the
child to gain some understanding of what is going on, and to be reassured that
the judge has understood him/her.
6. If the meeting takes place prior to the
conclusion of the proceedings –
(i) The judge should
explain to the child at an early stage that a judge cannot hold secrets. What
is said by the child will, other than in exceptional circumstances, be
communicated to his/her parents and other parties.
(ii) The judge should also explain that decisions
in the case are the responsibility of the judge, who will have to weigh a
number of factors, and that the outcome is never the responsibility of the
child.
(iii) The judge should discuss with the child how
his or her decisions will be communicated to the child.
(iv) The parties or
their representatives shall have the opportunity to respond to the content of
the meeting, whether by way of oral evidence or submissions.
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