SCHEDULES

SCHEDULE 1Civil legal services

C1Part 1Services

Annotations:
Modifications etc. (not altering text)

Children who are parties to family proceedings

15

1

Civil legal services provided to a child in relation to family proceedings—

a

where the child is, or proposes to be, the applicant or respondent;

b

where the child is made a party to the proceedings by a court under rule 16.2 of the Family Procedure Rules;

c

where the child is a party to the proceedings and is conducting, or proposes to conduct, the proceedings without a children's guardian or litigation friend in accordance with rule 16.6 of the Family Procedure Rules.

2Exclusions

Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Definitions

3

For the purposes of this paragraph—

a

proceedings are family proceedings if they relate to a matter arising out of a family relationship,

b

there is a family relationship between two individuals if they are associated with each other, and

c

“associated” has the same meaning as in Part 4 of the Family Law Act 1996 (see section 62 of that Act).

4

For the purposes of this paragraph—

a

matters arising out of a family relationship include matters arising under a family enactment, and

b

(subject to paragraph (a)) the Lord Chancellor may by regulations make provision about when matters arise out of a family relationship.

5

In this paragraph—

  • “child” means a person under the age of 18;

  • “family enactment” has the meaning given in paragraph 12.