Application for a Child to Give Evidence
Family Law
In the case of Re B (A Child) (Private Law Proceedings: Child Evidence) a Mother wanted her 13 year old daughter to give evidence.
A Father issued private law proceedings seeking an Order for contact with his five year old son, C, who he had not seen for 3 years.
In response to the Father’s application for contact with his son, the Mother alleged that he had been violent to her during their relationship and as such was concerned for contact to take place.
In view of this, the Court directed that there would be a Fact Finding Hearing.
The Mother wanted her 13 year old daughter to give evidence at the Fact Finding Hearing in respect of the violent incidents.
The Judge considered the Mother’s application and made an Order directing a CAFCASS advisor to meet with and interview the daughter and prepare a report for the Court on whether or not it was appropriate or harmful for her to give evidence.
The Father appealed.
The Father argued that the age of the 13 year old girl, the lack of a contemporaneous statement from her, the passage of time since the incidents, and the likely influence upon her account of having lived in the meantime with the Mother, would render her evidence of little value.
The Court of Appeal considered the position to establish whether the child, who was not the subject of the proceedings, should give evidence.
The Court of Appeal held that the Judge had not made a mistake in her approach.
The Court held that it was unfair to suggest the Judge had failed to take into account the potential limitations of the daughter’s evidence and the part it may ultimately play. It considered that the Judge had signalled clearly those limitations were in her own mind and that was enough.
It had to be remembered that the judge had not yet reached the point of determining what use was to be made the material available from the daughter.
In fact, the judge had not yet made the decision as to whether the evidence should be heard at all, and to this extent they agreed with the mother’s argument that this was a pre-emptive strike by the father.
Family Law Solicitors Eastbourne, Hailsham and Polegate
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