[2016] EWCA Civ 546

09/06/2016

Barristers

Henry Setright QC
Teertha Gupta QC
Christopher Hames QC

Court

Court of Appeal

Practice Areas

International Children Law

The court upheld an order for the summary return to Hungary of three children who had been unlawfully removed. It reiterated the principle in W (Children) (Family Proceedings: Evidence), Re [2010] UKSC 12, [2010] 1 W.L.R. 701, namely that there was no longer a presumption against children giving evidence in family proceedings. Practitioners and courts had been too slow to recognise the need for change: proper adherence to the principles laid down in W (Children) would mean that there were likely to be more cases in future where children would give evidence.

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