The following Family guidance note provides comprehensive and up to date legal information covering:
This Practice Note considers the approach taken by the family courts in relation to issues of capacity and how capacity may be assessed including expert evidence. In the context of family proceedings, capacity may be relevant as to both capacity to litigate and to compromise proceedings, including a consent order. It is primarily concerned with issues as to the capacity of an adult, or regarding a child aged 16–17 who is the subject of the proceedings, or a party to the proceedings, and who is likely to lack relevant decision making capacity at age 18. In relation to the representation of children, see Practice Note: Children as parties to public law proceedings. Wider considerations as to capacity and family relationships are considered in the Practice Note: Capacity to marry, cohabit and have sexual relations.
For practitioners, issues of capacity may arise in relation to either their own client or regarding another party. Where a party has a solicitor, it is often that party’s solicitor who first identifies that the party may lack litigation capacity. If there is reason to believe that a party may lack capacity to conduct the proceedings at any time during the course of the proceedings, the court must be notified and directions sought to ensure that the issue is investigated without delay. However, the presumption of capacity should
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.