Legal representation of a child who is not applicant or respondent
62 Legal representation of a child who is not applicant or respondent
If the affected family member in the proceeding is a child and is not the applicant, the child may have legal representation in the proceeding only if the court, on its own initiative—
considers it appropriate in all the circumstances of the case; and
gives leave for the child to be represented.
In deciding whether to grant leave under subsection (1), the court must have regard to the following—
the desirability of protecting children from unnecessary exposure to the court system;
the harm that could occur to the child and to family relationships if the child is directly represented in the proceeding.
This Act’s bill:Explanatory memorandumSecond reading speech
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