C29

Prospective affecting provision: section inserted by Child Care (Amendment) Act 2022 (21/2022), s. 7, not commenced as of date of revision.

F255[35B.—(1) A guardian ad litem shall not be appointed for a child in proceedings under this Act unless an order directing such appointment has been made under this section.

(2) In proceedings under Part IVA, the High Court shall by order direct that a guardian ad litem be appointed for a child.

(3) In proceedings under Part IV, IVB or VI, the District Court shall by order direct that a guardian ad litem be appointed for a child, unless the court—

(a) is satisfied, having regard to all of the circumstances that the court considers relevant to the child including the matters referred to in paragraphs (a) to (g) of section 24(2), that the best interests of the child can be determined without such appointment being made, and

(b) in respect of a child who is capable of forming his or her own views, it has determined other means by which to facilitate the expression by the child of those views.

(4) Where the District Court decides not to make an order under subsection (3), it shall give reasons for its decision in writing.

(5) Where a court makes an order under subsection (2) or (3), the court shall give directions relating to—

(a) the service on the Minister of such documents relating to the proceedings as he or she may require for the performance of his or her functions under section 35C,

(b) the service on such guardian ad litem as may be appointed of documents relating to the proceedings, and

(c) the notification of the making of the order and the appointment of a guardian ad litem under section 35C(1) to the parties to the proceedings.]