Getting to the evidential crux of disputes

Guardianship matters under the Care of Children Act (CoCA) often involve single-issue disputes, such as medical decisions and schooling. In theory, this should mean they are straightforward to raise and present. Yet in practice, the evidence is often missing or misses the mark. What do judges need to make an appropriate decision?

This seminar, with bench and bar perspectives, aims to provide direction and insights into what evidence is essential, and what is useful, for determining guardianship disputes.

Who should attend?

Family lawyers at junior to intermediate level. 

Learning Outcomes

• Refresh your knowledge of what guardianship is, how someone becomes a guardian and how a guardianship issue comes before the Family Court.
• Gain a better understanding of s 31 of the Care of Children Act 2004 and what it means for a child to be placed in the guardianship of the Court.
• Delve into guardianship responsibilities and disputes, namely medical issues (including vaccinations); schooling; religious upbringing; and name/gender change, and gain insights into what evidence a Judge needs to make a decision on the matter in issue.

Presenter Details

Her Honour Judge Pidwell

Cushla Webster, Barrister, Albert Chambers

Chair: Brian Carter, Barrister