The Family Procedure Rules 2010

CHAPTER 3 E+W WHEN 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 applies E+W

16.3.—(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 applies E+W

16.4.—(1)  [F1 Except in proceedings under section 55A of the 1986 Act and 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.

[F2 (1A) Without prejudice to rule 16.6, in proceedings under section 55A of the 1986 Act, the court must appoint a children’s guardian for a child where—

(a) the court has made the child a party in accordance with rule 16.2; and

(b) the child is the person whose parentage is in dispute in those proceedings.]

(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) [F3 or paragraph (1A)]. (“children's guardian” is defined in rule 2.3.)

Textual Amendments

F1 Words in rule 16.4(1) substituted (3.10.2016) by The Family Procedure (Amendment No. 2) Rules 2016 (S.I. 2016/901), rules 1, 5(a) (with rule 9)

F2 Rule 16.4(1A) inserted (3.10.2016) by The Family Procedure (Amendment No. 2) Rules 2016 (S.I. 2016/901), rules 1, 5(b) (with rule 9)

F3 Words in rule 16.4(2) inserted (3.10.2016) by The Family Procedure (Amendment No. 2) Rules 2016 (S.I. 2016/901), rules 1, 5(c) (with rule 9)

Requirement for a litigation friend E+W

16.5.—(1)  [F4 Except 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,

[F5 (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) [F6 or paragraph (1A)].

Textual Amendments

F4 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)

F5 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)

F6 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)