CHAPTER 3E+WAPPLICATIONS FOR FINANCIAL REMEDIES FOR CHILDREN
Application by parent, guardian etc for financial remedy in respect of childrenE+W
9.10.—(1) The following people may apply for a financial remedy in respect of a child—
(a)a parent, guardian or special guardian of any child of the family;
(b)any person [F1who is named in a child arrangements order as a person with whom a child of the family is to live], and any applicant for such an order;
(c)any other person who is entitled to apply for [F2a child arrangements order which names that person as a person with whom a child is to live];
(d)a local authority, where an order has been made under section 31(1)(a) of the 1989 Act placing a child in its care;
(e)the Official Solicitor, if appointed the children's guardian of a child of the family under rule 16.24; and
(f)[F3subject to paragraph (1A),] a child of the family who has been given permission to apply for a financial remedy.
[F4(1A) Where the application is—
(a)for the variation of an order under section 2(1)(c), 6 or 7 of the 1978 Act or paragraph 2(1)(c) of, or Part 2 or 3 of, Schedule 6 to the 2004 Act for periodical payments in respect of a child;
(b)the application is made by the child in question; and
(c)the child in question is aged 16 or over,
the child does not require permission to make the application.]
F5(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in rule 9.10(1)(b) substituted (22.4.2014) by The Family Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/843), rules 1, 13(a)(i)
F2Words in rule 9.10(1)(c) substituted (22.4.2014) by The Family Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/843), rules 1, 13(a)(ii)
F3Words in rule 9.10(1)(f) inserted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 24(a) (with rule 137); S.I. 2014/954, art. 2
F4Rule 9.10(1A) inserted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 24(b) (with rule 137); S.I. 2014/954, art. 2
F5Rule 9.10(2) omitted (22.4.2014) by virtue of The Family Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/843), rules 1, 13(b)
Children to be separately represented on certain applicationsE+W
9.11.—(1) Where an application for a financial remedy includes an application for an order for a variation of settlement, the court must, unless it is satisfied that the proposed variation does not adversely affect the rights or interests of any child concerned, direct that the child be separately represented on the application.
(2) On any other application for a financial remedy the court may direct that the child be separately represented on the application.
(3) Where a direction is made under paragraph (1) or (2), the court may if the person to be appointed so consents, appoint—
(a)a person other than the Official Solicitor; or
(b)the Official Solicitor,
to be a children's guardian and rule 16.24(5) and (6) and rules 16.25 to 16.28 apply as appropriate to such an appointment.