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Limitation on personal cross-examination by applicant or respondent in family law proceedings
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98. (1) Where, in family law proceedings (other than proceedings under the Act of 2018)—
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(a) a person under the age of 18 years is to give evidence, and
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(b) the applicant or respondent proposes to cross-examine the person referred to in paragraph (a) personally,
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the court shall direct that the applicant or the respondent, as the case may be, may not personally cross-examine the witness unless the court is of the opinion that the interests of justice require the applicant or the respondent to conduct the cross-examination personally.
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(2) Where, in family law proceedings (other than proceedings under the Act of 2018)—
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(a) an applicant or a respondent who has attained the age of 18 years is to give evidence, and
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(b) the other party to the proceedings proposes to cross-examine the person referred to in paragraph (a) personally,
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the court may direct that the applicant or the respondent, as the case may be, may not personally cross-examine the witness unless the court is of the opinion that the interests of justice require the applicant or respondent to conduct the cross-examination personally.
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(3) Where an applicant or respondent, as the case may be, is prevented from cross-examining a witness by virtue of subsection (1) or (2), the court shall—
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(a) give reasons for its decision,
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(b) invite the applicant or respondent to arrange for a legal representative to act for him or her for the purpose of cross-examining the witness, and
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(c) require the applicant or respondent to notify the court, by the end of such period as it may specify, as to whether a legal representative is to act for him or her for that purpose.
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(4) If, by the end of the period referred to in subsection (3)(c), the applicant or respondent has notified the court that no legal representative is to act for him or her for the purpose of cross-examining the witness or no notification has been received by the court and it appears to the court that no legal representative is to so act, the court shall consider whether it is necessary, in the interests of justice, for the witness to be cross-examined by a legal representative appointed to act for the applicant or respondent for that purpose.
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(5) If the court decides under subsection (4) that it is necessary, in the interests of justice, for the witness to be cross-examined by a legal representative appointed to act for the applicant or respondent for that purpose, the court shall appoint a legal representative (chosen by the court) to cross-examine the witness on behalf of the applicant or respondent.
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