New South Wales Consolidated Regulations

CHILDREN'S COURT RULE 2000 - REG 29

29 Guardian ad litem for parents of child or young person

(1) An application for the appointment of a person to act as guardian ad litem for either or both of the parents of a child or young person under section 101 (1) of the Children and Young Persons (Care and Protection) Act 1998 may be made at the same time as an application in care proceedings is made in respect of the child or young person or at any time after that.

(2) Such an application may be made by:

(a) the person by whom the application in care proceedings was made, or

(b) either or both of the parents of the child or young person, or

(c) a person with parental responsibility, or care responsibility, for the child or young person (within the meaning of the Children and Young Persons (Care and Protection) Act 1998 ), or

(d) a legal practitioner or agent appearing on behalf of either or both of the parents of the child, or

(e) the proposed guardian ad litem.

(3) Such an application must be supported by an affidavit setting out:

(a) the relationship (if any) between the proposed guardian ad litem and the parent, and

(b) the way in which the best interests of the welfare of the parent would be promoted by the appointment of the proposed guardian ad litem.

(4) A copy of the order of appointment of a guardian ad litem for a parent of a child or young person (whether made by the Court on its own motion or on application made in accordance with this clause) must be served on each party to the proceedings before the next hearing of the proceedings takes place.