Procedural-- Family proceedings - children - joinderRe L (Minor: parties) [1993] The Times, 11 November; Family Proceedings Rules 1991.This case was an appeal against a judge's decision that children should be separately represented at a High Court hearing by a solicitor of the child care panel, but they should not be added as parties to the proceedings.Appeal allowed.
The children would be joined as parties.
The Family Proceedings Rules 1991 did not stipulate that children intervening in High Court proceedings must be joined as parties, but this was desirable in the circumstances of the case.-- Family proceedingsRe F (A Minor) [1993] The Times, 27 October.In family proceedings, advocates - especially those acting for local authorities or guardians ad litem - were under a duty to advise justices who were minded to take a decision which was procedurally wrong.-- Child sexual abuse - standard of proofRe W (Minors) (Sexual abuse: standard of proof) [1993] The Times, 1 December; CA 1989.The standard of proof in child sexual abuse cases was the balance of probabilities and no lower standard could be applied where there was only one possible perpetrator of the abuse.-- Children - disclosure of medical reportsOxfordshire CC v M [1993] The Times, 2 November; CA 1989; Essex CC v R [1993] The Times, 18 August.An appeal was heard against a judge's order in a directions hearing in care proceedings allowing the disclosure of medical reports.
In Children Act 1989 cases legal professional privilege attaching to medical reports was subject to the principle that the child's welfare was the paramount consideration.
If the court were to make an informed decision on the child's welfare it was important that the expert's reports were disclosed.
Essex CC v R was approved.
Legal professional privilege would still attach to communications between lawyer and client.-- Family proceedings - disclosureRe K [1993] The Independent, 23 November; CA 1989; Family Proceedings Rules 1991.In CA 1989 proceedings the future of four children was dealt with on the basis that the identity of the abuser was an open question .
Evidence given by the mother that the father was the abuser could not be relied upon since witness statements were inconsistent.
The father was subsequently charged with rape and sought disclosure of the documents under r.4.23 of the Family Proceedings Rules 1991 for his defence.Application granted.
The court must strike a balance between confidentiality and the needs of justice (see Re D [1992] FCR 297).
The question was whether the mother's statements came within s.98 of the Children Act 1989.
It was held that they did not, as there was no question of self-incrimination and the interests of the children were not affected.
It was right that the documents should be disclosed.-- Adoption - practice - transfer of proceedings to High CourtPractice direction [1993] 4 All ER 960; Children (Allocation of Proceedings) Order 1991.In cases of children whose place of origin is outside the UK, transfers to the High Court are only appropriate where they give rise to issues of complexity, difficulty or gravity (Re N and L (Minors) (Adoption proceedings: venue) [1987] 2 All ER 732).
Transfer is not to be made of the court's own motion without the parties and guardian ad litem being given the opportunity to make representations.
Necessary inquiries are usually to be made by letter and the matter determined without hearing.In those cases where there is an issue as to transfer, a hearing for determination of the issue should be fixed, with notice of the date, time and place of hearing given to the parties and the guardian ad litem.
It will usually be impracticable to obtain the views of the natural parents or for them to be given notice of any hearing.-- Practice direction [1994] 1 All ER 155.As from the date of this direction, parties to proceedings under the Children Act 1989 or under the inherent jurisdiction of the High Court relating to children, which are pending in the High Court in London and in other centres and which are to be heard by a judge, will be required to provide an estimate of the length of the hearing - a 'time estimate' - in accordance with the procedure set out in the direction.This procedure is intended to enable the court and the parties to be kept fully informed of any changes in time estimates so as to facilitate the listing and disposal of cases in the most effective manner.OVERSEAS-- Overseas marriage ceremoniesMcCabe v McCabe [1993] The Independent, 3 September; CA 1989.A marriage ceremony performed in Ghana in accordance with Akan custom could be recognised as valid if the essential formalities of a customary marriage were observed.
There was no requirement that either party should be present.
However, there must be evidence of consent by the bride, groom and their families.
Such evidence, if given by a reliable witness, was sufficient.-- Recognition of foreign divorcesD v D [1993] The Independent, 13 October; s.46 of the Family Law Act 1986.The question here was whether orders made by a Ghanaian customary arbitration tribunal dissolving a marriage would be recognised under s.46 of the Family Law Act 1986.
The order would not be recognised because the wife had not been notified of the tribunal hearing and it had failed to adjourn so that she could be notified.
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