Care of Children Act 2004

138 Attendance at hearings of persons involved in counselling or conciliation under Family Proceedings Act 1980

• (1) This subsection applies to a person (other than a party to the proceedings, the counsellor, or the Family Court Judge who presided over the mediation conference) who attended one of the following kinds of event involving a matter under this Act that is to proceed to a hearing:

  • (a) 1 or more sessions of counselling carried out under section 9 or section 10 or section 19 of the Family Proceedings Act 1980:

  • (b) a mediation conference held under section 13 of that Act.

  (2) A person to whom subsection (1) applies—

  • (a) must be given reasonable prior notice in writing of the date and time of the hearing and of the period within which he or she must advise the court whether he or she intends to attend the hearing; and

  • (b) may attend the hearing if he or she has, within the period specified in that notice, advised the court that he or she intends to do so.

  (3) Each party to the proceedings must, before the hearing, be given—

  • (a) details of all persons (if any) who have advised under subsection (2) that they intend to attend the hearing; and

  • (b) a reasonable opportunity to object to those persons attending.