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Rule 2.59 Children to be separately represented on certain applications

Northern Ireland

(1)

Where an application is made to the High Court or [f1 F1the county court] for an order for a variation of settlement the court shall, unless it is satisfied that the proposed variation does not adversely affect the rights or interest of any child concerned, direct that the child be separately represented on the application, either by a solicitor or by a solicitor and counsel, and may appoint the Official Solicitor or other fit person to be guardian ad litem of the child for the purpose of the application.

(2)

On any other application for ancillary relief the court may give such a direction or make such appointment as it is empowered to give or make by paragraph (1).

(3)

Before a person other than the Official Solicitor is appointed guardian ad litem under this rule there shall be filed a certificate by the solicitor acting for the child that the person proposed as guardian has no interest in the matter adverse to that of the child and that he is a proper person to be such guardian.

Annotations

Textual amendments

F1

Word in rule 2.59(1) substituted (31.10.2016) by The Family Proceedings (Amendment) Rules (Northern Ireland) 2016 (S.R. 2016/301), rules 1(1), 2(19); S.R. 2016/387, art. 2(a)

Footnotes

f1

Words substituted by S.R. 2005 No. 497 with effect from 05.12.05

Notes on Part II

Footnotes

f1

Words inserted by S.R. 2005 No. 497 with effect from 05.12.05