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Rule 16.5 Requirement for a litigation friend

(1)

F1Except in proceedings under section 55A of the 1986 Act and without prejudice to rule 16.6, where a child is—

(a)

a party to proceedings; but

(b)

not the subject of those proceedings,

F2(1A)

Without prejudice to rule 16.6, where a child is—

(a)

a party to proceedings under section 55A of the 1986 Act; but

(b)

not the person whose parentage is in dispute in those proceedings,

the child must have a litigation friend to conduct proceedings on the child’s behalf.

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) F3or paragraph (1A).

Annotations

Textual amendments

F1

Words in rule 16.5(1) substituted (3.10.2016) by The Family Procedure (Amendment No. 2) Rules 2016 (S.I. 2016/901), rules 1, 6(a) (with rule 9)

F2

Rule 16.5(1A) inserted (3.10.2016) by The Family Procedure (Amendment No. 2) Rules 2016 (S.I. 2016/901), rules 1, 6(b) (with rule 9)

F3

Words in rule 16.5(2) inserted (3.10.2016) by The Family Procedure (Amendment No. 2) Rules 2016 (S.I. 2016/901), rules 1, 6(c) (with rule 9)