This is something I found in an article directory.
Children Giving Evidence In Court
Copyright (c) 2010 Gary Storer
The traditional rules were that children did not have to give oral evidence in court in family proceedings. However, this rule has recently been challenged and reviewed in the Supreme Court. It is worth understanding and considering what the court has said to determine whether your children will have to give evidence.
The Old Presumption Regarding Evidence In Court.
There was a presumption against children giving evidence in family proceedings. This was on the basis that there could be grave damage or further damage to a child if subjected to the trauma of questioning by a stranger who’s task was to attack his or her truthfulness. This generally concerned supremely sensitive areas of sexual matters. Therefore children were unlikely to be asked to give oral evidence in court on the basis that it would harm or upset them.
However, a new case has recently revisited this common presumption and looked at whether it should continue.
The Current View On Children Giving Evidence In Court.
In a recent case Re: W (abuse: oral evidence) 2010 UKSC 12, (2010) 2 FLR the Court was asked to reverse a decision by the Court of Appeal dismissing a father’s appeal against a decision by a County Court Judge to refuse his application for his 14 year old step daughter to give live evidence in care proceedings. The Supreme Court found that the presumption against children giving evidence in family proceedings could not be reconciled with the approach of the European Court of Human Rights which aims to strike a fair balance between competing convention rights. The Supreme Court determined that there must be a new approach and whilst there are undoubtedly disadvantages to children giving live evidence in Court there are potentially some advantages. A child, particularly an older child may not only be willing to give evidence but express the wish to have his or her voice heard by the Court. Furthermore if the family Court hearing takes place before any criminal trial experience giving evidence within the family jurisdiction may remove or at least reduce some of the understandable fear that a child will have surrounding the giving of evidence within the family Court when having to give evidence within the criminal jurisdiction.
Summary.
Whereas it used to be the case that children were very unlikely to be asked to give evidence in court, clearly this has now changed. There may be occasions when children are now asked to give evidence. There will have to be a balancing of the interests of everyone involved in the case, so if, for example, a mother believes the child's evidence is vital, the child may be asked to provide oral evidence. It will be up to the court to decide on each occasion.
Need Family Solicitors Birmingham? If you are looking for friendly and approachable Birmingham Solicitors, we can help you. Gary Storer is Practice Manager for Pearson Rowe Solicitors Birmingham.
Monday, June 21, 2010
Mother of murdered baby tells court she is pregnant again
Mother of murdered baby tells court she is pregnant again
The mother of a 3-month-old boy, who was thrown from a car and killed, appeared in court on Monday. While there, Jasmine Bedwell told a judge she was pregnant again.
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Bedwell has lived a troubled life. She is a foster child and has run away from home more than 20 times.
The mother of a 3-month-old boy, who was thrown from a car and killed, appeared in court on Monday. While there, Jasmine Bedwell told a judge she was pregnant again.
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Bedwell has lived a troubled life. She is a foster child and has run away from home more than 20 times.
Boy's Murder Won't Derail Adoption Treaty
Boy's Murder Won't Derail Adoption Treaty
The stabbing death of an 8-year-old adopted Russian boy in the United States will "add determination" to efforts to quickly reach a U.S.-Russian agreement on adoptions, the Foreign Ministry said.
The stabbing death of an 8-year-old adopted Russian boy in the United States will "add determination" to efforts to quickly reach a U.S.-Russian agreement on adoptions, the Foreign Ministry said.
Taxpayers Fund New York Child Welfare Fraud
Taxpayers Fund New York Child Welfare Fraud
Here we have pervasive fraud in New York's child welfare system, specifically, the juvenile justice system. Since there is iron curtain of secrecy in dealing with anything relating to children, the only way to expose what is going on must be done through first-hand information, but in a second voice. That second voice is mine for I there is nothing anyone can do to me for I speak the truth.
Here we have pervasive fraud in New York's child welfare system, specifically, the juvenile justice system. Since there is iron curtain of secrecy in dealing with anything relating to children, the only way to expose what is going on must be done through first-hand information, but in a second voice. That second voice is mine for I there is nothing anyone can do to me for I speak the truth.
Obama to launch fatherhood and mentoring initiative
Obama to launch fatherhood and mentoring initiative
President Obama will announce a new Fatherhood and Mentoring Initiative today in an effort to encourage individuals, particularly fathers, to become positive role models and to be more involved in the lives of their children.
Note: Too bad this won't address dad's who have been cut off through no choice or fault of their own.
President Obama will announce a new Fatherhood and Mentoring Initiative today in an effort to encourage individuals, particularly fathers, to become positive role models and to be more involved in the lives of their children.
Note: Too bad this won't address dad's who have been cut off through no choice or fault of their own.
Medical pot can cost parents in custody disputes
Medical pot can cost parents in custody disputes
Nicholas Pouch runs an organic farm and a glassblowing studio on a 20-acre spread in southwest Washington's timber country. Spicy mustard greens, tomatoes and corn sprout in humid greenhouses as chickens and sheep roam nearby.
Nicholas Pouch runs an organic farm and a glassblowing studio on a 20-acre spread in southwest Washington's timber country. Spicy mustard greens, tomatoes and corn sprout in humid greenhouses as chickens and sheep roam nearby.
Memphis mother awaits action in foster-care death of daughter, 3
Memphis mother awaits action in foster-care death of daughter, 3
Brittany Compton, an Iraq veteran, plays with her daughter, Kaitlyn, 5, at a relative's house in Collierville. Kaitlyn and her sister, Kennedy, were placed in foster care in 2009 where both girls were abused and Kennedy died. Her death has been ruled a homicide.
Brittany Compton, an Iraq veteran, plays with her daughter, Kaitlyn, 5, at a relative's house in Collierville. Kaitlyn and her sister, Kennedy, were placed in foster care in 2009 where both girls were abused and Kennedy died. Her death has been ruled a homicide.
UNICEF calls on Sudan to increase budget for children’s welfare
UNICEF calls on Sudan to increase budget for children’s welfare
The Sudanese government should increase its investment in children’s welfare to address persistent shortfalls in the health care and education sectors, United Nations Children’s Fund (UNICEF) has urged.
The Sudanese government should increase its investment in children’s welfare to address persistent shortfalls in the health care and education sectors, United Nations Children’s Fund (UNICEF) has urged.
Group to kick off creation of office to protect children
Group to kick off creation of office to protect children
Note: Watch them pick a system suck for this.
Plans for creating Colorado's first child ombudsman office, which aims to better protect children from abuse and neglect, are to move forward Wednesday with the first meeting of the working group appointed by Gov. Bill Ritter.
Note: Watch them pick a system suck for this.
Plans for creating Colorado's first child ombudsman office, which aims to better protect children from abuse and neglect, are to move forward Wednesday with the first meeting of the working group appointed by Gov. Bill Ritter.
Child abuse cases have risen since Territory intervention: report
Child abuse cases have risen since Territory intervention: report
On the third anniversary of the Northern Territory Intervention, the Territory’s child protection system has admitted that it can’t deal with the growing number of children needing help.
On the third anniversary of the Northern Territory Intervention, the Territory’s child protection system has admitted that it can’t deal with the growing number of children needing help.
Mother whose children were taken for adoption joins class action
Mother whose children were taken for adoption joins class action
More than 100 British families who say they have been treated unfairly by social services departments and the family courts are preparing to launch an unprecedented case at the International Criminal Court in The Hague, arguing that their human rights have been breached.
More than 100 British families who say they have been treated unfairly by social services departments and the family courts are preparing to launch an unprecedented case at the International Criminal Court in The Hague, arguing that their human rights have been breached.
Sunday, June 20, 2010
Carol Rutz's Lecture at Indiana University in November 2003
Carol Rutz's Lecture at Indiana University in November 2003
Precautions must be taken not only to protect operations from exposure to enemy forces but also to conceal these activities from the American public in general. The knowledge that the Agency is engaging in unethical and illicit activities would have serious repercussions in political and diplomatic circles and would be detrimental to the accomplishment of its mission.
Note: If you scroll down, you will see some of the governments experiments on children.
http://my.dmci.net/~casey/
Precautions must be taken not only to protect operations from exposure to enemy forces but also to conceal these activities from the American public in general. The knowledge that the Agency is engaging in unethical and illicit activities would have serious repercussions in political and diplomatic circles and would be detrimental to the accomplishment of its mission.
Note: If you scroll down, you will see some of the governments experiments on children.
http://my.dmci.net/~casey/
Arrest Warrant Issued For Former Creek County Judge
Arrest Warrant Issued For Former Creek County Judge
An arrest warrant was issued Monday for former Creek County judge Donald Thompson.
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Judge masterbates during child abuse cases
A former judge convicted of exposing himself while presiding over jury trials by using a sexual device under his robe was sentenced Friday to four years in prison.
Donald Thompson had spent almost 23 years on the bench and had served as a state legislator before retiring from the court in 2004. He showed no reaction when he was sentenced.
An arrest warrant was issued Monday for former Creek County judge Donald Thompson.
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Judge masterbates during child abuse cases
A former judge convicted of exposing himself while presiding over jury trials by using a sexual device under his robe was sentenced Friday to four years in prison.
Donald Thompson had spent almost 23 years on the bench and had served as a state legislator before retiring from the court in 2004. He showed no reaction when he was sentenced.
Judge Orders Release Of Boy Scouts Sex Abuse Files
Judge Orders Release Of Boy Scouts Sex Abuse Files
A Portland judge has ordered the release of thousands of secret files documenting child sexual abuse within the Boy Scouts.
A Portland judge has ordered the release of thousands of secret files documenting child sexual abuse within the Boy Scouts.
Ride For Accountability of Children's Aid Societies
Ride For Accountability of Children's Aid Societies
I am part of a volunteer advocacy group; I have networked with John Dunn (from Ottawa) who's the founder & director of the "Foster Care Council of Canada". There are grave issues with the status of foster children in Ontario; abuses & DEATHS in care. We seek to try & give a voice to these children & educate the public, make them aware of their rights, how to deal with child protection investigations (all aspects from the legislative act to the constitutional act; Court procedural processes etc.). We've been rallying all over Ontario in front of our jurisdictional CAS offices, to try & get public attention. Hence the reason John's embarked on a cross province ride to bring awareness to the need for accountability & transparency of CAS's. Most people still incorrectly believe CAS is regulated by Government. They are NOT. CAS is a private business, under the Corporations Act, they merely get their funding for administration of child apprehension duties from Provincial coiffures.
I am part of a volunteer advocacy group; I have networked with John Dunn (from Ottawa) who's the founder & director of the "Foster Care Council of Canada". There are grave issues with the status of foster children in Ontario; abuses & DEATHS in care. We seek to try & give a voice to these children & educate the public, make them aware of their rights, how to deal with child protection investigations (all aspects from the legislative act to the constitutional act; Court procedural processes etc.). We've been rallying all over Ontario in front of our jurisdictional CAS offices, to try & get public attention. Hence the reason John's embarked on a cross province ride to bring awareness to the need for accountability & transparency of CAS's. Most people still incorrectly believe CAS is regulated by Government. They are NOT. CAS is a private business, under the Corporations Act, they merely get their funding for administration of child apprehension duties from Provincial coiffures.
Danm it Jim, I'm a foster parent not a father!
5 foster dads receive awards
Five special Utah dads were honored Saturday, just in time for Father's Day.
Note: These people get a whole month in May to be honored, today is for real fathers only please. Sorry.
Five special Utah dads were honored Saturday, just in time for Father's Day.
Note: These people get a whole month in May to be honored, today is for real fathers only please. Sorry.
Arizona's next illegal immigration target: Babies
Arizona's next illegal immigration target: Babies
They might not be old enough to walk or talk but newborns are the next likely center of the Arizona immigration firestorm.
They might not be old enough to walk or talk but newborns are the next likely center of the Arizona immigration firestorm.
A few facts about fathers on Father's Day
A few facts about fathers on Father's Day
The idea of Father’s Day was conceived slightly more than a century ago by Sonora Dodd of Spokane, Wash., while she listened to a Mother’s Day sermon in 1909. Dodd wanted a special day to honor her father, William Smart. A day in June was chosen for the first Father’s Day celebration — 100 years ago, June 19, 1910, proclaimed by Spokane’s mayor because it was the month of Smart’s birth.
The idea of Father’s Day was conceived slightly more than a century ago by Sonora Dodd of Spokane, Wash., while she listened to a Mother’s Day sermon in 1909. Dodd wanted a special day to honor her father, William Smart. A day in June was chosen for the first Father’s Day celebration — 100 years ago, June 19, 1910, proclaimed by Spokane’s mayor because it was the month of Smart’s birth.
Child rescued from Haiti rubble is orphaned again
Child rescued from Haiti rubble is orphaned again
Tamara Palinka covered her mouth to hold back the sobs. The 37-year-old Canadian volunteer aid worker did not know when — or if — she would get another glimpse of the child she was desperately trying to adopt.
Tamara Palinka covered her mouth to hold back the sobs. The 37-year-old Canadian volunteer aid worker did not know when — or if — she would get another glimpse of the child she was desperately trying to adopt.
Boy, 12, charged in fire that killed 2 at Arlington foster home
Boy, 12, charged in fire that killed 2 at Arlington foster home
Two children died in the fire at an Arlington home in 2008; the boy told police he started it accidentally.
Two children died in the fire at an Arlington home in 2008; the boy told police he started it accidentally.
Uncle takes on role of dad to keep family together
Uncle takes on role of dad to keep family together
In December 2009, Montgomery County officials gave Adrian McLemore two options: Take custody of his sister’s two children or let them enter the foster care system until their mother’s life improved.
In December 2009, Montgomery County officials gave Adrian McLemore two options: Take custody of his sister’s two children or let them enter the foster care system until their mother’s life improved.
ADAM WALSH ACT UNDER CONSTITUTIONAL SCRUTINY
ADAM WALSH ACT UNDER CONSTITUTIONAL SCRUTINY
In July 2006 former President George W. Bush signed into law the Adam Walsh Child Protection and Safety Act (“Walsh Act”). Title I of the Walsh Act, the Sex Offender Registration and Notification Act (“SORNA”), received the most media attention because it expanded the National Sex Offender Registry and established sanctions up to a maximum of twenty years for sex offenders who do not comply with the law’s registration requirements.
In July 2006 former President George W. Bush signed into law the Adam Walsh Child Protection and Safety Act (“Walsh Act”). Title I of the Walsh Act, the Sex Offender Registration and Notification Act (“SORNA”), received the most media attention because it expanded the National Sex Offender Registry and established sanctions up to a maximum of twenty years for sex offenders who do not comply with the law’s registration requirements.
Baby stealers get a pass: ‘Child Protective Services’ workers exempt from Arizona’s immigration law
Baby stealers get a pass: ‘Child Protective Services’ workers exempt from Arizona’s immigration law
“Support Our Law Enforcement and Safe Neighborhoods Act” is the official, yet seldom used, name of Arizona’s controversial immigration law, SB 1070. A very thorough analysis of SB 1070 is presented on the ‘FactReal’ website. Included are recent updates, such as the fact that Governor Brewer signed an Amendment to SB1070, HB2162.
“Support Our Law Enforcement and Safe Neighborhoods Act” is the official, yet seldom used, name of Arizona’s controversial immigration law, SB 1070. A very thorough analysis of SB 1070 is presented on the ‘FactReal’ website. Included are recent updates, such as the fact that Governor Brewer signed an Amendment to SB1070, HB2162.
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