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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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When is a child entitled to independent legal representation

Resolved Question:

When is a child entitled to independent legal representation for family disputes?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help youHow old is the child and what is the nature of the dispute?Does either party involved have representation?Clare
Customer: replied 1 year ago.
Hello Clare, my son is 13 and neither I or is mother are using legal representation.
There is a court order in place, but my son would like to spend a lot more of his time with me. His mother has already refused mediation and I have made an application to the court. My son is aware of this and has stated he would like his own solicitor to present his views
Customer: replied 1 year ago.
I have a hearing scheduled for 28th - at which I will be asking for a CAFCASS involvement and for my son to have his own representation. But, I would like to know what his rights are
Expert:  Clare replied 1 year ago.
I am afraid that it is not a matter of choice!It is a decision made by the Court if it is clear that there is an intractable dispute between the parents and that for the good of the child his or her viewsneed to be separately represented.These days CAFCASS will only do a full report where there is a safe guarding issue - which does not appear to be the case.They do however speak to both parties prior to the first hearing and following that your ex may chose to be more reasonableAt the first hearing - if your ex will still not agree it is more likely that the Court will adjourn for the matter to go back to Mediation usinga Mediator trained to work with young people so that your son's views can be brought to the hearing.I hope that this is of assistance - please ask if you need further detailsClare
Clare and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi ClareThank you, ***** ***** answer my question, providing the clarity I need.Nick
Expert:  Clare replied 1 year ago.
You are most welcome I hope all goes well