CS v SBH & Ors (Appeal FPR 16.5: Sufficiency of Child's Understanding)

CS v SBH & Ors (Appeal FPR 16.5: Sufficiency of Child's Understanding)

An appeal in family proceedings is a continuation of the original proceedings, not new proceedings, so the court must determine if the child has sufficient understanding to conduct the appeal without a Guardian. On the evidence, the child does not have sufficient understanding to instruct a solicitor or conduct the appeal without a Guardian, due to her emotional immaturity, enmeshment with her mother, and limited understanding of the litigation process.

Parties
Proposed Child/appellant: CS; 1st Respondent/mother: SBH; 2nd Respondent/father: FS; 3rd Respondent/children’s Guardian: Andreea Juravle
Jurisdiction
England and Wales
Judgment Date
18 March 2019
Procedural Posture
Family Law Appeal / Preliminary Issue on Sufficiency of Child's Understanding to Instruct Solicitor on Appeal
Outcome
Application refused; child cannot pursue appeal without a Guardian.
Legal Topics
Child Representation, Appeals, Sufficiency of Understanding, Children's Guardian, Solicitor Appointment, Autonomy of Child in Proceedings
Family Law Child Law Child Representation Appeals Sufficiency of Understanding Children's Guardian Solicitor Appointment Autonomy of Child in Proceedings

Case Brief

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Parties

CS

Proposed Child/appellant

SBH

1st Respondent/mother

FS

2nd Respondent/father

Andreea Juravle

3rd Respondent/children’s Guardian

Procedural Posture

Family Law Appeal / Preliminary Issue on Sufficiency of Child's Understanding to Instruct Solicitor on Appeal

Legal Issues

  1. 1 Whether the appeal constitutes new proceedings or a continuation for purposes of FPR 16.6
  2. 2 Whether the child has sufficient understanding to instruct a solicitor and conduct the appeal without a Guardian

Ratio Decidendi

An appeal in family proceedings is a continuation of the original proceedings, not new proceedings, so the court must determine if the child has sufficient understanding to conduct the appeal without a Guardian. On the evidence, the child does not have sufficient understanding to instruct a solicitor or conduct the appeal without a Guardian, due to her emotional immaturity, enmeshment with her mother, and limited understanding of the litigation process.

Court Disposition

Application refused; child cannot pursue appeal without a Guardian.

Orders

  • The child remains represented by the Guardian and Ms Coyle as solicitor.
  • The appeal cannot proceed on the child's direct instructions.