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Understanding why your child needs a Child Representative.

· Divorce Lawyer

In divorce cases that are particularly acrimonious, it is not uncommon for the Court to appoint a Child Representative. Here is some information to help you understand why such an appointment:

What is a Child Representative?

A Child Representative is a third party individual appointed by the court to act in the best interests of the child. The decisions that the Child Representative makes will be a reflection of what they think will benefit the child the most after observation of the child. The decision that the Child Representative makes will not take into consideration what the parents want for themselves.

When does your child need a Child Representative?

A Child Representative is appointed by the Court when it becomes apparent that the parents are unable to civilly come to an agreement on issues regarding the child e.g. custody, care and control, access etc.

What does a Child Representative Do?

  • Act in the best interest of the child
  • Offer an objective insight into the matters concerning the child
  • Interact and learn more about the child and how they operate daily
  • Observe the child and the family
  • Talk and listen to their feelings to get a sense of what they want and how they feel
  • Speak to the Court on their behalf after learning as much about them as possible through these interactions and represent the voice of the child in court
  • Arrange conferences between the parents and child to talk about the issues pertaining to the child.
  • Should an amicable agreement come out of these conferences, the Child Representative may inform the Court and record a Consent Order to reflect the agreed terms.
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