s.43Representation of child and of his interests in certain proceedings
43
Section 43Part 4 — CARE AND SUPERVISION

Representation of child and of his interests in certain proceedings

←→ Navigate  ·  Click subsection badges to collapse  ·  Press ? for help

For the purpose of any specified proceedings, the court shall appoint a guardian ad litem for the child concerned unless satisfied that it is not necessary to do so in order to safeguard his interests.
The guardian ad litem shall —
be appointed in accordance with rules of court; and
be under a duty to safeguard the interests of the child in the manner prescribed by such rules.
Where —
the child concerned is not represented by an attorney-at-law; and
any of the conditions mentioned in subsection (4) is satisfied,
the court may appoint an attorney-at-law to represent him.
The conditions are that —
no guardian ad litem has been appointed for the child;
the child has sufficient understanding to instruct an attorney-at-law and wishes to do so; or
it appears to the court that it would be in the child's best interests for him to be represented by an attorney.
Any attorney-at-law appointed under or by virtue of this section shall be appointed, and shall represent the child, in accordance with rules of court.
In this section "specified proceedings" means any proceedings —
on an application for a care order or supervision order;
in which the court has given a direction under section 39(1) and has made, or is considering whether to make, an interim care order;
on an application for the discharge of a care order or the variation or discharge of a supervision order;
on an application under section 41(4);
in which the court is considering whether to make a residence order with respect to a child who is the subject of a care order;
with respect to contact between a child who is the subject of a care order and any other person;
under Part V; or
on an appeal against —
the making of, or refusal to make, a care order, supervision order or any order under section 36;
the making of, or refusal to make, a residence order with respect to a child who is the subject of a care order; or
the variation or discharge, or refusal of an application to vary or discharge, an order of a kind mentioned in subparagraph (i) or (ii);
the refusal of an application under section 41(4); or
the making of, or refusal to make, an order under Part V; or
which are specified for the time being, for the purposes of this section, by rules of court.
The Governor in Cabinet may, by regulations provide for the establishment of panels of persons from whom guardians ad litem appointed under this section shall be selected and these regulations may, in particular, make provision —
as to the constitution, administration and procedures of panels;
for the defrayment by the court of expenses incurred by members of the panel;
for the payment by the court of fees and allowances for members of the panel;
as to the qualifications for membership of a panel;
as to the training to be given to members of panels; and
for monitoring the work of guardians ad litem.
Rules of court may make provision as to —
the assistance which any guardian ad litem may be required by the court to give to it;
the consideration to be given by any guardian ad litem, where an order of a specified kind has been made in the proceedings in question, as to whether to apply for the variation or discharge of the order;
the participation of guardians ad litem in reviews, of a kind specified in the rules, which are conducted by the court.
Regardless of any enactment or rule of law which would otherwise prevent it from doing so, the court may take account of —
any statement contained in a report made by a guardian ad litem who is appointed under this section for the purpose of the proceedings in question; and
any evidence given in respect of the matters referred to in the report,
in so far as the statement or evidence is, in the opinion of the court, relevant to the question which the court is considering.

Defined Terms

specified proceedings

Cross References