The Family Procedure Rules 2010

Children's guardian, solicitor and reports under section 7 of the 1989 Act E+W

12.6.   [F1 Within a day of the issue of Part 4 proceedings or the transfer of Part 4 Proceedings to the court and as] soon as practicable after the issue of [F2 other] proceedings or the transfer of the [F3 other] proceedings to the court, the court will—

(a) in specified proceedings, appoint a children's guardian under rule 16.3(1) unless—

(i) such an appointment has already been made by the court which made the transfer and is subsisting; or

(ii) the court considers that such an appointment is not necessary to safeguard the interests of the child;

(b) where section 41(3) of the 1989 Act applies, consider whether a solicitor should be appointed to represent the child, and if so, appoint a solicitor accordingly;

(c) consider whether to ask an officer of the service or a Welsh family proceedings officer for advice relating to the welfare of the child;

(d) consider whether a report relating to the welfare of the child is required, and if so, request such a report in accordance with section 7 of the 1989 Act.

(Part 16 sets out the rules relating to representation of children.)

Textual Amendments

F1 Words in rule 12.6 substituted (22.4.2014) by virtue of The Family Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/843), rules 1, 18(a)

F2 Word in rule 12.6 inserted (22.4.2014) by The Family Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/843), rules 1, 18(b)

F3 Word in rule 12.6 inserted (22.4.2014) by The Family Procedure (Amendment No. 3) Rules 2014 (S.I. 2014/843), rules 1, 18(c)