The Family Procedure (Amendment No. 2) Rules 2016

Amendment of rule 16.4

5.  In rule 16.4 (appointment of a children’s guardian in proceedings not being specified proceedings or proceedings to which Part 14 applies)—

(a) in paragraph (1) for “Without” substitute “Except in proceedings under section 55A of the 1986 Act(1) and without”;

(b) after paragraph (1) insert—

“(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.”; and

(c) in paragraph (2), after “paragraph (1)” insert “or paragraph (1A)”.

(1)

1986 c. 55. Section 55A was inserted by section 83 of the Child Support, Pensions and Social Security Act 2000 (c. 19) and was amended by paragraph 97 of Schedule 11 to the Crime and Courts Act 2013.