PART 16REPRESENTATION OF CHILDREN AND REPORTS IN PROCEEDINGS INVOLVING CHILDREN
CHAPTER 3WHEN A CHILDREN’S GUARDIAN OR LITIGATION FRIEND WILL BE APPOINTED
Appointment of a children’s guardian in specified proceedings or proceedings to which Part 14 applies16.3
1
Unless it is satisfied that it is not necessary to do so to safeguard the interests of the child, the court must appoint a children’s guardian for a child who is—
a
the subject of; and
b
a party to,
proceedings—
i
which are specified proceedings; or
ii
to which Part 14 applies.
(Rules 12.6 and 14.6 set out the point in the proceedings when the court will appoint a children’s guardian in specified proceedings and proceedings to which Part 14 applies respectively.)
2
At any stage in the proceedings—
a
a party may apply, without notice to the other parties unless the court directs otherwise, for the appointment of a children’s guardian; or
b
the court may of its own initiative appoint a children’s guardian.
3
Where the court refuses an application under paragraph (2)(a) it will give reasons for the refusal and the court or a court officer will—
a
record the refusal and the reasons for it; and
b
as soon as practicable, notify the parties and either the Service or the Assembly of a decision not to appoint a children’s guardian.
4
When appointing a children’s guardian the court will consider the appointment of anyone who has previously acted as a children’s guardian of the same child.
5
Where the court appoints a children’s guardian in accordance with this rule, the provisions of Chapter 6 of this Part apply.
Appointment of a children’s guardian in proceedings not being specified proceedings or proceedings to which Part 14 applies16.4
1
Without prejudice to rule 8.42 or 16.6, the court must appoint a children’s guardian for a child who is the subject of proceedings, which are not proceedings of a type referred to in rule 16.3(1), if—
a
the child is an applicant in the proceedings;
b
a provision in these rules provides for the child to be a party to the proceedings; or
c
the court has made the child a party in accordance with rule16.2.
2
The provisions of Chapter 7 of this Part apply where the appointment of a children’s guardian is required in accordance with paragraph (1).
(“children’s guardian” is defined in rule 2.3.)
Requirement for a litigation friend16.5
1
Without prejudice to rule 16.6, where a child is—
a
a party to proceedings; but
b
not the subject of those proceedings,
the child must have a litigation friend to conduct proceedings on the child’s behalf.
2
The provisions of Chapter 5 of this Part apply where a litigation friend is required in accordance with paragraph (1).