PART 10: RELEVANT PROFESSIONALS AND CHILD REPORTS

98. Child representative

98. Child representative

(1) Upon the making of an order for the appointment of a child representative pursuant to Part 12, Rule 2(2) of the Family Justice (General) Rules 2024, the Registrar will select a member from the child representative panel and send a letter of request of acceptance of the appointment by email to the selected member. The member may choose to decline such an appointment. If no response is received within 3 working days of the email, the member is deemed to have declined the appointment.

(2) All members on the child representative panel shall inform the Court of any changes to their email addresses.

(3) Upon acceptance of the appointment, the child representative will receive a letter from the Registrar confirming the appointment, providing the contact details of the parties and a date of a case conference. The following documents may be enclosed with the letter:

(a) an Information Sheet on Child Representative, which the child representative is to give to the parties at the earliest possible opportunity together with any further explanation which the child representative deems fit, in compliance with the Family Justice (General) Rules 2024 and sub-paragraph (5);

(b) a Child Representative Practice Note, which the child representative is to read carefully and adhere to;

(c) a Child Representative Checklist, which will be used at the case conference; and

(d) a Questionnaire to the parties, which the child representative might use to obtain information from the parties.

(4) Within 7 days from the receipt of the confirmation of appointment as described in sub-paragraph (3), the child representative shall serve file and serve a Notice of Address for Service on Child Representative (Form 95 of Appendix A of these Practice Directions) on the parties to the proceedings.

(5) Upon accepting the appointment referred to in sub-paragraph (3), the child representative shall act expeditiously in fulfilment of his or her duties as set out in Part 12, Rules 4 and 10 of the Family Justice (General) Rules 2024, including the following:

(a) providing the parties and / or solicitors with information about the role of the child representative and informing them of the requirements in respect of their communications with the child representative and any contributions towards the costs of the child representative which the Court may have ordered; and

(b) developing and implementing a plan for engaging the child and involving the child in the decision-making process in consultation with any other professional who may be working with the child.

(6) In the event that the child representative suspects that the child is a victim of abuse, the child representative must immediately inform the Child Protection Services of the Ministry of Social and Family Development. The child representative must also inform the Court by way of letter at the earliest opportunity.

(7) Where there are any matters which the child representative is of the view should only be shared in confidence with the Court in the welfare of the child, the child representative should write to Court requesting for a case conference with the Judge presiding over the matter. If there are any urgent issues relating to the safety of the child, the child representative must write to Court immediately requesting for urgent audience.

(8) All correspondence to the Court from the child representative or the parties shall be copied to the other party and the child representative (unless the child representative has been discharged) including that in sub-paragraph (7).