C33

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

F256[35E.—(1) The functions of a guardian ad litem appointed for a child shall be—

(a) in so far as practicable and where the child is capable of forming his or her own views, to ascertain the views of the child in relation to any matter to which the proceedings relate, and

(b) to make recommendations to the court regarding what is in the best interests of the child—

(i) where the child has expressed views referred to in paragraph (a), after having considered those views, or

(ii) where the child is not capable of forming or expressing his or her views or is unwilling to express his or her views.

(2) Without prejudice to the generality of subsection (1), a guardian ad litem appointed for a child shall—

(a) furnish to the court a report that—

(i) conveys any views expressed by the child in relation to the matters to which the proceedings relate, and

(ii) contains the recommendations of the guardian ad litem regarding what is in the best interests of the child and the reasons for those recommendations,

(b) having regard to the age and maturity of the child, inform him or her of—

(i) the recommendations referred to in paragraph (a)(ii),

(ii) the outcome of the proceedings, and

(iii) such other matters relevant to the proceedings as the guardian ad litem considers appropriate,

(c) inform the court of any additional matters, relevant to the best interests of the child, coming to his or her knowledge as a result of the performance by the guardian ad litem of his or her functions, and

(d) perform such additional functions as the court, having regard to subsection (3), may of its own motion direct either generally or for a specified purpose.

(3) In determining for the purpose of subsection (2)(d) whether to direct the performance by a guardian ad litem of such additional functions as the court may specify, the court shall have regard to the nature of the case and whether such performance is necessary and in the best interests of the child.

(4) Subject to this Part, a guardian ad litem appointed for a child shall be independent in the performance of his or her functions.

(5) A guardian ad litem shall, in the performance of his or her functions under this Part, regard the best interests of the child as the paramount consideration.

(6) In determining for the purposes of this section what is in the best interests of the child, a guardian ad litem appointed for the child shall have regard to all of the circumstances that he or she considers relevant to that child, including the matters referred to in paragraphs (a) to (g) of section 24(2).

(7) Subject to subsection (9), a copy of a report furnished to the court under subsection (2)(a) shall be made available to the counsel or solicitor, if any, representing each party in the proceedings, or, if any party is not so represented, to that party and may be received in evidence in the proceedings.

(8) The court or any party to the proceedings may call a guardian ad litem appointed for a child as a witness.

(9) The court may, where it considers appropriate, order that such part of the report as is specified in the order shall be omitted from a copy made available under subsection (7).

(10) A guardian ad litem appointed for a child is not a party to the proceedings.

(11) Notwithstanding subsection (10), the court may, in any proceedings under this Act in which a guardian ad litem has been appointed for a child pursuant to an order under section 35B(2), (3) or 35H(3)(b), of its own motion or on the application of the guardian ad litem, where it is satisfied, having regard to the nature of the case, that it is necessary and in the best interests of the child and in the interests of justice to do so, order that the guardian ad litem shall have such of the rights of a party as may be specified by the court in the entirety of the proceedings or in respect of such issues in the proceedings as the court may direct.]