In law a child is “a person under disability” – and may therefore usually only participate in legal proceedings where s/he is represented by a capable adult.
A Children’s Guardian is a professional who has a duty to safeguard the interests of children in certain types of proceedings. A Children’s Guardian is usually appointed within “public” children proceedings (for example those involving local authority applications for care orders). The Guardian may also be appointed within “private” law children proceedings – for example where there is an intractable dispute over contact.
Once appointed a Children’s Guardian will:-
- Instruct a solicitor to represent the child
- Provide appropriate advice to the child
- Provide the Court with a written report advising how the child’s interests may best be safeguarded.
The Children’s Guardian will act as a “voice” for the child in Court proceedings and will often be appointed when it is thought that one parent is seeking to irrationally exclude the other parent from involvement with a child.
Lawson Lewis Blakers are able to provide representation in cases concerning the Children’s Guardian.