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Rule 16.24 Appointment of a children's guardian

(1)

The court may make an order appointing as a children's guardian, an officer of the Service or a Welsh family proceedings officer or, if the person to be appointed consents —

(a)

a person other than the Official Solicitor; or

(b)

the Official Solicitor.

(2)

An order appointing a children's guardian may be made by the court of its own initiative or on the application of—

(a)

a person who wishes to be a children's guardian; or

(b)

a party to the proceedings.

(3)

The court may at any time direct that a party make an application for an order under paragraph (2).

(4)

An application for an order appointing a children's guardian must be supported by evidence.

(5)

The court may not appoint a children's guardian under this rule unless it is satisfied that that person—

(a)

can fairly and competently conduct proceedings on behalf of the child;

(b)

has no interest adverse to that of the child; and

(c)

subject to paragraph (6), undertakes to pay any costs which the child may be ordered to pay in relation to the proceedings, subject to any right that person may have to be repaid from the assets of the child.

(6)

Paragraph (5)(c) does not apply to the Official Solicitor, an officer of the Service or a Welsh family proceedings officer.

(7)

This rule is without prejudice to rule 16.6 and rule 9.11. (Rule 9.11 provides for a child to be separately represented in certain applications for a financial remedy.)