The Re W Application
During proceedings, an application was made by Mr E’s counsel that the children provide live evidence. Unlike criminal proceedings, where live evidence from victims of abuse is a normal requirement, family proceedings have traditionally taken the opposite approach. New rules regarding the calling of children to give live evidence in family proceedings were set out in Re W (Children) (Family Proceedings: Evidence) [2010]
https://journals.sagepub.com/doi/10.1177/0022018316667116



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Note added at 2 hrs (2023-06-13 20:38:01 GMT)
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This Working Party was set up following a request to the President of the Family
Division by the Court of Appeal in Re W [2010] Civ 57, a case which considered the issue of children giving evidence in family proceedings.
https://www.judiciary.uk/wp-content/uploads/JCO/Documents/FJ...

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Note added at 2 hrs (2023-06-13 20:38:45 GMT)
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In this judgment the Supreme Court reformulates the approach a family court should take when exercising its discretion to decide whether to order a child to give live evidence in family proceedings.
https://www.familylaw.co.uk/news_and_comment/2010UKSC12

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Note added at 2 hrs (2023-06-13 20:42:22 GMT)
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It is an obvious point to make but the Court is likely to direct that a child should not give oral evidence but there must be consideration and the proper application of Re W rather than the culture of a presumption that children should not attend to give oral evidence in Family Courts.

Once the Appeal Court properly considered the application of Re W, GR was granted permission to give evidence so long as she sought to do so with the special measures that she required.
https://www.magdalenchambers.co.uk/child-witnesses-in-family...

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Note added at 2 hrs (2023-06-13 20:43:27 GMT)
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Before the Supreme Court judgment in Re W (children) (abuse: oral evidence) [2010] UKSC 12, [2010] 1 WLR 701 (“Re W”), the presumption in family proceedings was that it was undesirable for a child to give evidence, and should be rare.
https://www.counselmagazine.co.uk/articles/seen-now-heard

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Note added at 2 hrs (2023-06-13 20:44:39 GMT)
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In March 2010 in the case of Re W (Children) (Abuse – oral evidence) the Supreme Court considered the issue of children giving evidence in family law cases. In this case, the court rebutted the presumption that children should not give evidence. The presiding Judge said children are harmed if left in an abusive family but equally harmed if taken away from their family and so the court must admit all the evidence relevant to the question being decided. Following this case, the Family Justice Council produced a set of guidelines (guidelines in relation to children giving evidence in family proceedings) the primary objective being a fair trial. These guidelines are involved and lengthy but include consideration of a child’s wish to give evidence, the needs of the child, the issues to be determined and many more factors.
https://www.shulaw.co.uk/articles/should-children-give-evide...