We’re proud to announce the publication of an article by barrister Lucy Taylor in Family Law Week. Titled “The President’s New Guidance on The Appointment of Intermediaries and Decisions That Do Not Regard the Upbringing of the Child,” the article analyses the recent changes in judicial guidance concerning the appointment of intermediaries in family court proceedings.
In her article, Lucy Taylor explores the fundamental principle that “the child’s welfare shall be the court’s paramount consideration”, as outlined in Section 1(1) of the Children Act 1989. While this principle is crucial in decisions regarding a child’s upbringing, Taylor highlights that not all court decisions fall under this umbrella, particularly those concerning whether a child should give evidence or the necessity of appointing an intermediary.
The article delves into the “Re W question,” which addresses the issue of whether a child should be called as a witness in family proceedings. Lucy references the Supreme Court ruling in Re W [2010] UKSC 12, which clarified that the paramount objective in such cases is to ensure a fair trial, indicating that the child’s welfare is one of several factors to be considered rather than the overriding concern.
Furthermore, Lucy discusses the implications of the President’s newly issued guidance regarding intermediaries in family court. The guidance emphasises that appointing an intermediary should be based on the necessity for fair participation in proceedings rather than on what may be deemed in the child’s best interests. She notes that the recent case law reflects a shift towards a more nuanced understanding of when intermediaries are appropriate, focusing on the need to uphold fair trial rights.
Throughout the article, Lucy provides valuable insights into the evolving landscape of family law, encouraging practitioners to adapt their submissions and considerations in light of this guidance. By doing so, she aims to ensure that the principles of fairness and justice remain at the forefront of family court proceedings.
Lucy Taylor’s article is a great reference point for family law practitioners navigating these complex legal frameworks. It clarifies the new guidance’s boundaries and underscores the importance of a fair trial in the judicial process.
For the full article, please visit Family Law Week and gain a deeper understanding of these crucial developments in family law.
