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Listening to Children

The views of a child are usually obtained by a CAFCASS officer who will prepare a report in some cases if asked by the Court to do so.  These reports are not prepared in every case.

There is no presumption for representation of a child in private law proceedings rather an expectation that the child will not be separately represented by their own solicitor.  However there is a facility within the court rules to provide for representation by the appointment of a guardian ad litem in certain circumstances, but these applications will themselves be vetted by CAFCASS officers as to whether there is a real need for separate representation in any given case. 

The CAFCASS officer will consider favourably such an application if there is a need for active investigations similar to those usually carried out in care proceedings, in cases where a parent seems to be unreasonably hostile to contact with the other parent and in sensitive parentage cases before steps are taken for DNA testing.

It can be very difficult to convince a Court that it is appropriate to expend the limited resources of CAFCASS on FPR 9.5 Appointments save in exceptional circumstances. 

An older child (usually above the age of 12) may be able to convince a solicitor they have the capacity to instruct that solicitor direct and they then may do so, but the courts permission is still required for that child to join in the proceedings directly with full party status.



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