Laurence Robertson – 2016 Parliamentary Question to the Ministry of Justice

The below Parliamentary question was asked by Laurence Robertson on 2016-10-07.

To ask the Secretary of State for Justice, if she will make an assessment of the adequacy of the opportunities to present evidence in child custody cases; and if she will make a statement.

Dr Phillip Lee

The law requires the welfare of the child to be the court’s paramount concern when making any decision about a child’s upbringing, including with whom the child is to live or spend time.

Any person who is a party to such proceedings will provide initial evidence and information to the court in their original application or in any response to an application. A party may make representations to the court about any further evidence they wish to put before the court. Rules of court indicate that it is for the court to determine how and when parties may submit evidence. The rules provide for different ways in which this can be done, including a party giving evidence in writing, orally or via video link facilities, where available.

In child arrangements proceedings, the court may also ask the Children and Family Court Advisory and Support Service (Cafcass) to provide independent analysis and recommendations.