PART 16REPRESENTATION OF CHILDREN AND REPORTS IN PROCEEDINGS INVOLVING CHILDREN

CHAPTER 3WHEN A CHILDREN'S GUARDIAN OR LITIGATION FRIEND WILL BE APPOINTED

Appointment of a children's guardian in proceedings not being specified proceedings or proceedings to which Part 14 applies16.4.

(1)

F1Except 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) F3or paragraph (1A). (“children's guardian” is defined in rule 2.3.)