Separate Representation of a Child

In Re A (A Child) (Contact: Separate Representation) (CA TLR 28 February)

In circumstances where a child’s interests are quite separate from the parents in a marked degree, it is right that the child should be added as a party in private family law proceedings and a guardian ad litem appointed. Children were not always sufficiently seen and heard by the use of a court welfare officer’s report. In the right case, bearing in mind the impact of the European Convention on Human Rights on domestic law, the increased use of guardians in private law cases was to be welcomed. In the present case, although contact had been going well, it had broken down following the mother’s allegations of sexual abuse against the father. Those allegations, and questions about both parents that had been raised by mental health reports, had never been properly investigated. There were also other underlying family problems. Accordingly, the court allowed an appeal against the refusal of the judge of permission for the National Youth Advisory Service to intervene in the contact proceedings and to act as guardian ad litem for the child, who was aged four.