Wu & Huang 2014 FCCA 393

A father alleged that a boy aged 15 years had been beaten by the mother, and filed an affidavit that was allegedly written by the boy.  The judge found that the Court had not authorised the boy to swear an affavit and cited legislation that a child under the age of 18 years must not swear an affidavit for family law proceedings unless the Court has issued an order permitting this, or unless the child seeks to become a party to proceedings (child’s affidavit).  The judge noted that a child must not be called as a witness or be present during proceedings in a Family Court unless the Court makes an order allowing this (child’s wishes).