Rule 9.5 Separate representation of children

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

rule 9.5(1) amended by Family Proceedings 1992 rule 10
rules 10.24-10.25 added by Family Proceedings 1993 rule 6
rules 2.71-2.77 revoked by Family Proceedings 1999 rule 19
rules 3.1-3.20 (Pt.III) am. (references to any of rules 2.52-2.70 shatl be read as references to those rules as they were before these rules came into force) by Family Proceedings 1999 rule 20
rules 3.21-3.23 added by Family Proceedings 1993 rule 4
rules 2.71-2.77 added by Family Proceedings 1997 rule 4
rule 2.45A-2.45B inserted by Family Proceedings 2003 rule 3
rule 9.5(1) words inserted by Family Proceedings 2005 rule 102(a)
rule 9.5(5) words inserted by Family Proceedings 2005 rule 102(b)

(1)

Without prejudice to rule 2.57, if in any family proceedings it appears to the court that any child ought to be separately represented, the court may appoint—

(a)

the Official Solicitor, or

(b)

some other proper person,

(provided, in either case, that he consents) to be the guardian ad litem of the child, with authority to take part in the proceedings on the child’s behalf.

(2)

An order under paragraph (1) may be made by the court of its own motion or on the application of a party to the proceedings or of the proposed guardian ad litem.

(3)

The court may at any time direct that an application be made by a party for an order under paragraph (1) and may stay the proceedings until the application has been made.

(4)

Unless otherwise directed, on making an application for an order under paragraph (1) the applicant shall—

(a)

unless he is the proposed guardian ad litem, file a written consent by the proposed guardian to act as such;

(b)

unless the proposed guardian ad litem is the Official Solicitor, file a certificate by a solicitor that the proposed guardian has no interest in the proceedings adverse to that of the child and that he is a proper person to be a guardian.

(5)

Unless otherwise directed, a person appointed under this rule or rule 2.57 to be the guardian ad litem of a child in any family proceedings shall be treated as a party for the purpose of any provision of these rules requiring a document to be served on or notice to be given to a party to the proceedings.