CARE AND PROTECTION OF CHILDREN ACT 2007 (NO 37 OF 2007) - SECT 146 Legal representative of child

CARE AND PROTECTION OF CHILDREN ACT 2007 (NO 37 OF 2007) - SECT 146

    (1)     The Court may order the child to whom the proceedings relate be separately represented by a legal practitioner if the Court considers doing so is in the best interests of the child.

    (2)     Without limiting subsection (1), the Court may do so if:

    (a)     the application relating to the proceedings is opposed by a parent of the child; or

    (b)     the child opposes the application.

    (3)     The Court may make any orders it considers necessary for subsection (1).

    (4)     A legal practitioner may represent more than one child in the same proceedings.

    (5)     However, if the Court considers the legal practitioner should not do so because of any actual or potential conflict of interests, the Court may order a child be separately represented.

    (6)     The legal representative of a child must:

    (a)     act in the best interests of the child regardless of any instructions from the child; and

    (b)     present the views and wishes of the child to the Court.

    (7)     For subsection (6), the legal representative may:

    (a)     interview the child; and

    (b)     explain to the child the role of the legal representative; and

    (c)     present evidence to the Court about the best interests, and the views and wishes, of the child; and

    (d)     cross-examine other parties to the proceedings and their witnesses; and

    (e)     make applications and submissions to the Court for the child; and

    (f)     lodge an appeal against a decision of the Court for the child.

    (8)     The Court may make any orders it considers necessary to ensure the legal representative is appropriately qualified for the representation.