
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.