The Family Procedure Rules 2010

CHAPTER 7CHILDREN’S GUARDIAN APPOINTED UNDER RULE 16.4

Application of this Chapter

16.22.  This Chapter applies where the court must appoint a children’s guardian under rule 16.4.

Stage of proceedings at which a children’s guardian becomes necessary

16.23.—(1) This rule does not apply in relation to a child who is conducting proceedings without a children’s guardian in accordance with rule 16.6.

(2) A person may not without the permission of the court take any step in proceedings except—

(a)filing an application form; or

(b)applying for the appointment of a children’s guardian under rule 16.24,

until the child has a children’s guardian.

(3) Any step taken before a child has a children’s guardian has no effect unless the court orders otherwise.

Appointment of a children’s guardian

16.24.—(1) The court may make an order appointing as a children’s guardian, an officer of the Service or a Welsh family proceedings officer or, if the person to be appointed consents —

(a)a person other than the Official Solicitor; or

(b)the Official Solicitor.

(2) An order appointing a children’s guardian may be made by the court of its own initiative or on the application of—

(a)a person who wishes to be a children’s guardian; or

(b)a party to the proceedings.

(3) The court may at any time direct that a party make an application for an order under paragraph (2).

(4) An application for an order appointing a children’s guardian must be supported by evidence.

(5) The court may not appoint a children’s guardian under this rule unless it is satisfied that that person—

(a)can fairly and competently conduct proceedings on behalf of the child;

(b)has no interest adverse to that of the child; and

(c)subject to paragraph (6), undertakes to pay any costs which the child may be ordered to pay in relation to the proceedings, subject to any right that person may have to be repaid from the assets of the child.

(6) Paragraph (5)(c) does not apply to the Official Solicitor, an officer of the Service or a Welsh family proceedings officer.

(7) This rule is without prejudice to rule 16.6 and rule 9.11.

(Rule 9.11 provides for a child to be separately represented in certain applications for a financial remedy.)

Court’s power to change children’s guardian and to prevent person acting as children’s guardian

16.25.—(1) The court may—

(a)direct that a person may not act as a children’s guardian;

(b)terminate the appointment of a children’s guardian; or

(c)appoint a new children’s guardian in substitution for an existing one.

(2) An application for an order or direction under paragraph (1) must be supported by evidence.

(3) Subject to rule 16.24(6), the court may not appoint a children’s guardian under this rule unless it is satisfied that the person to be appointed complies with the conditions specified in rule 16.24(5).

Appointment of children’s guardian by court order – supplementary

16.26.—(1) A copy of the application for an order under rule 16.24 or 16.25 must be sent by a court officer to every person on whom, in accordance with rule6.28, the application form should be served.

(2) A copy of an application for an order under rule 16.25 must also be sent to—

(a)the person who is the children’s guardian, or who is purporting to act as the children’s guardian when the application is made; and

(b)the person, if not the applicant, who it is proposed should be the children’s guardian.

Powers and duties of children’s guardian

16.27.—(1) The children’s guardian—

(a)has the powers and duties set out in Practice Direction 16A; and

(b)must exercise those powers and duties in accordance with Practice Direction 16A.

(2) Where the children’s guardian is an officer of the Service or a Welsh family proceedings officer, rule 16.20 applies to a children’s guardian appointed in accordance with this Chapter as it applies to a children’s guardian appointed in accordance with Chapter 6.

Procedure where appointment of children’s guardian comes to an end

16.28.—(1) When a child reaches the age of 18, the appointment of a children’s guardian comes to an end.

(2) A court officer will send a notice to the other parties stating that the appointment of the child’s children’s guardian to act has ended.