K & H (Children: Unrepresented Father: Cross-Examination of Child)

K & H (Children: Unrepresented Father: Cross-Examination of Child)

It is not appropriate for the father to cross-examine Y, nor for the judge to do so given the gravity and complexity of the issues. The court has power to appoint a legally qualified advocate to cross-examine Y on the father's behalf, with costs to be paid by HMCTS and assessed as if for a legally aided client.

Parties
Mother: SD; Father: JT; Intervener: Lord Chancellor
Jurisdiction
England and Wales
Judgment Date
05 January 2015
Procedural Posture
Family / Pre Finding of Fact Hearing
Outcome
Court directs appointment of a legally qualified advocate to cross-examine Y on behalf of the father, costs to be paid by HMCTS.
Legal Topics
Cross Examination of Child, Legal Representation for Litigant in Person, Public Funding, Article 6 and 8 ECHR, Children Act 1989, Legal Aid Sentencing and Punishment of Offenders Act 2012
Family Law Child Welfare Human Rights Cross Examination of Child Legal Representation for Litigant in Person Public Funding Article 6 and 8 ECHR Children Act 1989 +1 more

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Parties

SD

Mother

JT

Father

Lord Chancellor

Intervener

Procedural Posture

Family / Pre Finding of Fact Hearing

Legal Issues

  1. 1 Whether the father should be allowed to cross-examine the child Y
  2. 2 Whether the court has power to order HMCTS to pay for legal representation for the father limited to cross-examination of Y

Ratio Decidendi

It is not appropriate for the father to cross-examine Y, nor for the judge to do so given the gravity and complexity of the issues. The court has power to appoint a legally qualified advocate to cross-examine Y on the father's behalf, with costs to be paid by HMCTS and assessed as if for a legally aided client.

Court Disposition

Court directs appointment of a legally qualified advocate to cross-examine Y on behalf of the father, costs to be paid by HMCTS.

Orders

  • A legal representative shall be appointed to cross-examine Y on behalf of the father.
  • The legal representative's costs shall be paid by HMCTS and assessed on the same basis as for a legally aided client.